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Case 1:04-cv-00725-RPM
Document 41-39
Filed 07/01/2005
Page 1 of 6
LEWI LEWIS
BRUSBOI BRUSBOIS BISOAARD
ATT0RN1Y ATT0RN1YS AT LAW
SMITH
LLP
100
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DIRECT DIAL 2122321309
2 APRIL1
2004
FILE NO 2645781
EMAIL
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PHONE NUMBER TO GAIL WILSON KENNETHD MILBAUER
FAX NUMBER
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FROM
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FILE NO 2645781 WESTCHESTER FIRE INSURANCE COMPANY PROTECTION INSURANCE MANAGEMENT POLICY THE QUIZNOS INSURED QUIZNO CORPORATION POLICIE POLICIES CLAIM NO
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LEIJI LEIJIS
BRISBOI BRISBOIS
BIST3AARD
SMITH
NO913
82
Case 1:04-cv-00725-RPM
Document 41-39
Filed 07/01/2005
Page 2 of 6
LEWI LEWIS
BRISBOI BRISBOIS BISGAARD
ATTORNEY ATTORNEYS AT LAW
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NO
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VIA AND
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LEWI LEWIS
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NO
913
03
Case 1:04-cv-00725-RPM
LEWI BPISBOI LEWIS BPISBOIS
Document 41-39
Filed 07/01/2005
Page 3 of 6
BISGAARD
SMITH
FT
GAIL J WILSON APRIL1 2004 2
PAGE
WE WESTCHESTERMUST
AND LAW COMMENT ALLRIGHTS U RIGHTNDERTHEPOLICY APPLICABLE THE COMMENTS SET INSURED F THE A FORTHELOW RELATE SUCHCOVERAGEUNDER B TO THE POLICYOR COMPANYNDTHE INDIVIDUALINSUREDS THE COMMENT AND THE COMPLAINT ALTHOUGH COMMENTS ARE AS MAY BE IMPLICATEDTHE DEMAND LETTER BY
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AND LIMITATIONTHE LIMITATIONS POLICY TO EXCLUSION LEGAL SUBJECT ITS TERMS CONDITIONS TERM CONDITION EXCLUSIONS RELEVANT TO ITS LIMIT OF LIABILITY AND ANY APPLICABLE SUBLIMIT SUBLIMITSUNDERCOVERAGE SUBJECT
AND WHICH THE INCURRED INSUREDPERSONS PERSON FOR WHICH THEY NOT INDEMNIFIED BY THECOMPANY ARE BY MADE AGAINST SUCH KSURED PERSONS BECOME LEGALLY PERSON TO PAY OBLIGATED BYREASON OF ANY CLAIM FIRST PERIODFORANY WRONGFUL THE PERIODOR ANY APPLICABLE INSUREDPERSONS DURING POLICY PERSON DISCOVERY TO PERIOD COVERAGEROVIDES ACT ACTS TO THE END OF THEPOLICY PROVIDEOVERAGE THE P C
OR TO PERSON AS PERSONS PERMITTED TO GRANTINDEMNIFICATION THE INSURED COMPANY THE EXTENT THAT IT GRANTS TO PAY PERSON HAVE BECOME LEGALLY OBLIGATED BY REQUIRED LAW AND FORWHICH THE INSUREDPERSONS BY PERIOD OR ANY APPLICABLE THE POLICY OF ANY CLAIM FIRSTMADE AGAINST THEM DURING REASON P TO ACT ACTS PERIOD FORANY WRONGFUL TAKING PLACERIOR THE END OF THE POLICYERIOD P DISCOVERY
TAKING PLACE PRIOR
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AND COMPLAINT WERE THE DEMAND LETTER
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NAME NAMES RICK THE DIRECTOROF QUIZNOS RESPECTIVELY COMPLAINT AND QUIZNO PRESIDENT SECRETARY THE INDIVIDUAL WITH RICHARD PATRICK MEYERSMEYERS AND COLLECTIVELY RICK AND RICHARD MEYER MEYER FOR QUIZNOSAND THE COMPANYTSEIF AS DEFENDANTS THE DEMAND DEFENDANT AN DEFENDANTS ATTORNEY QUIZNO
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LEUJI LEUJIS
BRISBOI BRISBOIS
BISGARD
SMITH
NO
913
04
Case 1:04-cv-00725-RPM
LEWI LEWIS BRISBOIS BISOAARD BRISBOI
Document 41-39
Filed 07/01/2005
Page 4 of 6
SMRRFI R T
GAIL J WILSON
2 APRIL1
2004
PAGE
LETTER AND THE COMPLAINT SEEK TO SET ASIDETHERESPECTIVE THAT SEPARATION AGREEMENT AGREEMENTS WERE ENTERED INTO BY IRENE AND RICK AND KATHLEEN AND RICHARDSO THATTHE QUIZNOS QUIZNO STOCK MAY BE REVALUED AND THE MARITAL BASED REDISTRIBUTED ON THE RECENTDECISIONIN PROPERTY THAT VALUED QUIZNOSSTOCK AT QUIZNO
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PER
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APPRAISAL PROCEEDING THE APPRAISAL
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R THAT COMPLAINT ALLEGE ALLEGES KATHLEENMARRIEDICHARDON JANUARY 1988 AND THAT DURING OFTHEIRMARRIAGE RICHARDACQUIRED SHARE 994470 SHARESOF QUIZNOS QUIZNO STOCK APPROXIMATELY
42 37 OF THE COMPANY KATHLEEN FILED PETITION FOR DISSOLUTION ON APPROXIMATELY IN CONNECTION INTO SEPARATION FEBRUARY 2001 AND KATHLEENAND RICHARD ENTERED 27 AGREEMENT VALUED RICHARD SHARE OF RICHARDS SHARES WITH THEIR DISSOLUTION OCTOBER 2001 THE SEPARATION ON AGREEMENT STOCKAT 800 SHARE QUIZNO COMMON QUIZNOS PER
IN 2000 AND EXECUTED IRENE AND RICK WERE MARRIED ON JULY28 1989 SEPARATED IN CONNECTION WITH THEDISSOLUTION THEIR OF ON MARRIAGE AUGUST16 2000 AGREEMENT SEPARATION STOCK PURSUANT TO THE SEPARATION RICK QUIZNO STOCK RICKS QUIZNOS AND OPTIONWERE VALUEDAT OPTIONS AGREEMENT STOCK 900 B PRICE 7680000 OR APPROXIMATELYPER SHAREASEDLARGELY THE STOCKSTRADING ON THE UPON
HAD STATETHAT EACH PARTY BOTH COUPLES SEPARATION AGREEMENT LLEGEDLY AGREEMENTS A NASDAQ EXCHANGE COUPLE
ACCURATE OF THEVALUATIONS ASSETSWERE REASONABLY VALUATION OF ASSET MADE FULL DISCLOSURE THEIR ASSET ASSETSANDTHAT
OF OWNED MAJORITY ALLOUTSTANDING QUIZNO QUIZNOSCOMMON COLLECTIVELY STOCK AND RECENTLY TO FIRSTON NOVEMBER 13 QUIZNO PRIVATE COMPLETED TWOSTEP PLAN TAKEQUIZNOS STOCK AT O FORSHARE PRICE F 00 PER 2000 QTUZNOS QTUZNO ANNOUNCED TENDEROFFER SHARESOF ITSCOMMON TOTAL DECEMBER 11 2000 TENDER OFFER THE COMPANY EPURCHASED W ON R SHARE HICHEXPIRED STOCK TO OF775155 SHARES COMMON SHARE OF PURSUANT THETENDEROFFER SECONDON JUNE 22 2001 THE WITH FIRENZE INTO DEFMITIVE MERGER AGREEMENT ANNOUNCEDTHAT IT HAD ENTERED COMPANY TO WHICH THE REMAININGUBLIC OWNED BY RICHARD AND RICK PURSUANT P COMPANY WHOLLY MERGER CERTAINDISSENTING SHAREHOLDER SHAREHOLDERS WOULD BE PAID 850 PER SHARETHE SQUEEZEOUT TIGHT TIGHTS E APPRAISAL SHAREHOLDER SHAREHOLDERS THE SQUEEZEOUT TO MERGERLECTEDTO EXERCISETHEIRSTATUTORY RICHARD AND RICK BUSINES TO PURSUANT THE COLORADOBUSINESS
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DUTIE DUTIES RICHARD RICK OWED FIDUCIARY TO KATHLEENAND IRENE AND ASSERT ASSERTS COMPLAINT THAT THE OF THEIRRESPECTRVE ARRIAGES M TO THE DISSOLUTION AS THEIR SPOUSESPRIOR RESPECTIVELY ACTION OI ACTIONAS FOLLOWS FOLLOW AN INDEPENDENT EQUITABLE AGAINST ASSERT ASSERTS FOUR CAUSE CAUSES COMPLAINT THE
DECREE D TO O TO RICHARD AND RICK SEEKING SET ASIDE CERTAIN PORTIONF PORTIONSTHE DISSOLUTIONECREESRELATING THE RICHARD KICK AND FRAUD AGAINST ASSET VALUATION AND DIVISION OF THE COUPLES COUPLE MARITAL ASSETS OF MATERIAL EXISTING FACTS FACT THAT EACH MADE FALSE REPRESENTATIONS REPRESENTATION QUIZN QUIZNS ALLEGING TO ARID QUIZNOS RELATING THE CONCEALMENT AND NONDISCLOSURE RICHARD RICK QUIZNO AGAINST CIVIL IN WITH THE RESPECTIVE SEPARATION AGREEMENTAND AGREEMENTS INFORMATIONDISCLOSED CONNECTION PLAINTIFF ALL DEFENDANTS RELATINGTHE RESPECTIVE DEFENDANT TO SEPARATION AGREEMENT PLAINTIFFS AGREEMENTS
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REVALUE THE SAME
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LH14
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NO913
Case 1:04-cv-00725-RPM
LEWI BRLSOI LEWIS BRLSOIS
BISGAARD
Document 41-39
Filed 07/01/2005
Page 5 of 6
SMITH
UJ
WILSON APRIL1 2004 2
GAIL
3
PAGE
OFTHEQUIZNS STOCK THEAPPRAISAL IN BASEDON THEVALUATION QUIZN PROCEEDING ALTERNATIVELY PLAINTIFF PLAINTIFFS OF JUDGMENT THE DEFENDANTS DEFENDANT FORTHE AMOUNT OF DAMAGES SUFFERED AS AN DAMAGE REQUEST ENTRY AGAINST DETERMINED TRIAL AT W FEES ALONGITH COSTS EXPENSESAND ATTORNEYS COST EXPENSE ATTORNEY COVERAGE ANALYSI ANALYSIS
THE POLICYROVIDES TO INSUREDOR LOS FROMCLAIMS MADE CLAIM PROVIDE P COVERAGE INSUREDS LOSS ARISING THEM FOR ACTS THE POLICYEFINES DEFINE WRONGFID AS D ACT ACTS WRONGFUL
AGAINST
MISLEADING STATEMENTACT OMISSION ANY ERROR MISSTATEMENT
OR COMMITTED OR OR ACTUALLYALLEGEDLY NEGLECTBREACHOF DUTY
PERSON IN AS BY ATTEMPTED ANY OF THE INSUREDPERSONS THEIRCAPACITY TO SUCH OR IN AN OUTSIDE POSITION OR WITH RESPECT INSURING CLAUSE BYTHECOMPANY INSURED INSUREDS
AND
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ELECTEDOR DULY WITH MADE IN DEMAND LETTERAND COMPLAINT BASED UPON REPRESENTATIONSCONNECTION AND THE ARE REPRESENTATION ENTERED INTOBYRICHARDAND RICK AND AFFORDEDNDERTHERESPECTIVE U AGREEMENT AGREEMENTS RIGHT RIGHTS SEPARATION INTO IN THE INSUREDS INSURED WIVES THE RESPECTIVE THEIRFORMER W SEPARATION AGREEMENT ERE ENTERED AGREEMENTS DIRECTOR AND OFFICERS OFFICER OF AND NOT IN THEIRRESPECTIVE AS DIRECTORS CAPACITIE CAPACITIES RESPECTIVE PERSONAL CAPACITIE CAPACITIES
OF CLAUSE CLAUSES INSURED PERSONS AND IN RESPECT INSURING PERSON WHO WERE NOW ARE OR SHALL PERSON PERSONS THE OFFICER OF TRUSTEE TRUSTEESOR OFFICERS THE COMPANY DIRECTOR DIRECTORS APPOINTED
AS
THE SCHADEN THE CLAIM CLAIMS AGAINST SCHADENSDO NOT ALLEGE WRONGFTTL ANY QUIZNOS ACCORDINGLY ALLEGED IN IN ADDITION EYERS DEFENDANT IS ACT ACTS FOR WHICH THEPOLICYROVIDES SOLELYRESPECT PROVIDE P MEYER M COVERAGE IS NO INDICATIONTHATSUCH CLAIM IS THERE OF THE CAUSE OF ACTION ASSERTING CONSPIRACY CIVIL OF OR OMISSION AS HIM FOR ACTS OR OMISSIONS BY HIM IN HIS CAPACITY DIRECTOR OFFICER ACT AGAINST BROUGHT ACT ACTS AGAINST FOR WHICH THE THI THIS DOE WRONGFUL MEYER MEYERS ACCORDINGLYMATTER DOESNOT ALLEGE QUIZNOSF POLICY PROVIDE PROVIDES COVERAGE LOS LOSS O S THAT PROVIDE PROVIDES THEPOLICYHALL PAY ON BEHALF FTHECOMPANY COVERAGE CLAIM SECURITIE SECURITIES SECURITIE TO PAY BECOME BECOMES LEGALLY OBLIGATED BY REASON OFANY SECURITIES COMPANY
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LEWI LEWIS
BRISBOI BRISBOIS
BISGARD
SMITH
NO
913
PE
Case 1:04-cv-00725-RPM
LEWI BRISBOI LEWIS BRISBOIS BISGAARD
GAIL WILSON
2004
Document 41-39
Filed 07/01/2005
Page 6 of 6
SMITH
21 APRIL PAGE
ARISE SCHACLENS RESPECTIVE DIVORCE PROCEEDINGS THE DEMAND LETTER AND COMPLAINT OUT OF THESCHACLENSS PROCEEDING SECURITIE BY AND ARE NOT ATTRIBUTABLE THE PURCHASE TO OR SALEOR OFFER PURCHASE TO OR SELL ANY SECURITIES THE THI THIS DOE SECURITIE COMPANY ACCORDINGLY MATTER DOES NOT CONSTITUTE SECURITIESCLAIM AND THEREIS NO
FORQUIZNOPURSUANT INSURING TO CLAUSE OFTHEPOLICY COVERAGE QUIZNOS
RESERVATION IN
OF RIGHTS RIGHT
OF OF WESTCHESTER DENIE DENIES COVERAGE IN RESPECT THE LIGHT THE FOREGOING EXPRESSLY O TERM TERMS MATTER WESTCHESTERHAS NOT ADDRESSEDTHERCOVERAGE EXCLUSION EXCLUSIONS CAPTIONED ACCORDINGLY THE WESTCHESTER PECIFICALLY RESERVE RESERVES AND CONDITIONSOF THE POLICY THIS TIME NEVERTHELESS CONDITION AT THI NEVERTHELES S ALL OF MATTER UNDEREXCLUSIONAL ACE EXPRESSLY RESERVE RESERVES T RIGHTO EXCLUDETHE CAPTIONED W WESTCHESTER RIGHTS WESTCHESTERS UNDERTHE POLICY LAW AND IN EQUITY HETHER NOT REFERENCED AT OR HEREIN RIGHT IN BASED UPON GROUNDS THANTHOSE OTHER SET FORTH THE TO EXPRESSLY INCLUDING RIGHT DENY GROUND COVERAGE ISSUE AND TO SUPPLEMENT ANDOR AMEND THIS LETTERTO ADDRESS THI ADDRES ADDITIONAL THI THIS LETTER COVERAGE ISSUES AS AND ENDORSEMENT ENDORSEMENTS BASED UPON ALL OFTHEPROVISIONS CONDITIONS CONDITION EXCLUSION EXCLUSIONS TERM TERMS THEY AY ARISE PROVISION M TO ACES ACE AND FACT THAT FACTS DEFINITION FOUNDIN THEPOLICY APPLICATION ANY ADDITIONAL DEFINITIONS ITS MAY COME ATTENTION NOTHING STATEDHEREIN AND NO FURTHERACTION TAKEN BY WESTCHESTER OR ON ITS BEHALF UNDER THE POLICY AT LAW OR EQUITYON THE SHOULD BE CONSTRUED AS WAIVER OF ANY OF ITS RIGHTS RIGHT IN THI THIS TO THE INSUREDS ENGAGINGANY PRIOR INSUREDBY BYPROVIDING OR ANY PRIOR CORRESPONDENCE CONTRARY TO PAY ANY AMOUNT TO OR ON BEHALF FUTUREDISCUSSIONS DISCUSSION WITH THEINSUREDS PAYING AGREEING OR OR OR INSURED OF THE JNSUREDS DOE JNSUREDWESTCHESTERDOES NOT WAIVE ANY SUCH RIGHTS
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