Case 1:04-cv-00725-RPM
Document 41-28
Filed 07/01/2005
Page 1 of 2
JANUARY 23
2002
CERTIFIED
MS
MAIL
RETURN
RECECEIPT
REQUESTED
KATHY CAREY
ASSISTANT VICE PRESIDENT CLAIM CLAIMS SURPLU SURPLUS SPECIALTY UNDERWRITING ROYAL 945 EAST PACES FERRYOAD SUITE 1800 PACE R 303261125 ATLANTA GEORGIA
EXCES EXCESS RE
INSURED
INSURER
POLICY N POLICYO
CLAIMANT
QUIZNO CORPORATION QUIZNOS INSURANCE COMPANY ROYAL DIRECTOR AND OFFICERS DIRECTORS OFFICER LIABILITY INSURANCE POLICY
THE
HP 606493
EDWARD C SEBESTA SEBESTA SCHADEN A CASE NO 01CV6281 V ET DISTRICT COURT FOR DENVER COUNTY COLORADO
1250021311
LITIGATION
F ROYALILE DEAR MS WE NO
CAREY
WRITE
TO
NOTICE TO ROYALINSURANCE COMPANY OF THE PROVIDE ROYAL REFERENCED NAME LITIGATION THELITIGATION THE REFERENCED LITIGATION THELITIGATION NAMES DEFENDANT ROYALSINSUREDS AND SIX OF ITS AS DEFENDANTS INSUREDTHE QUIZNOSCORPORATION QUIZNO ROYAL QUIZNO QUIZNOS CURRENT OR FORMERDIRECTORS DIRECTOR AND OFFICERS RICHARD E SCHADENRICHARD F SCHADEN OFFICER FREDERICKH SCHADENMARK L BROMBERG ERIC LAWRENCE AND BRAD A GRIFFIN THE J IN CONNECTION ASSERT CLAIM ASSERTS CLAIMS WITH THEMERGER OF QUIZNOS QUIZNO WITH AND INTOFIENZE LITIGATION THE SURVIVING WITH QUIZNO CORPORATION QUIZNOSBEING CORPORATION MERGER WE WRITE THE NOTIFICATION OF DECEMBER 21 2001 QUIZNOS ALSOTO PROVIDE THAT AS QUIZNO RECEIVEDWRITTEN NOTICEFROMTHE OWNERS OF 471446 SHARES QUIZNOS SHARE OF QUIZNO COMMON STOCK THEIRINTENTTO OF OWNER DISSENTER RIGHTIN DISSENTERSRIGHTS CONNECTION WITH THE MERGERHE DEMAND LETTERS THE ASSERT T CLAIM CLAIMS IN THE DEMAND LETTER ARISE FROM THE SAME MERGERHAT IS THE SUBJECT THE T OF OF THE COMPLAINT THE LITIGATIONND THE DEMAND LETTERS ARE IN A LETTER LITIGATION COPIES COPIE ENCLOSED YOUR REVIEW FOR ISSUEDTHE REFERENCED ROYAL POLICY HEPOLICY FORTHE POLICY ERIODEBRUARY T P F WE HAVE ALREADY SUBMITTED THE LITIGATION AND DEMAND 24 1998 TO JUNE 24 1999 LETTER LETTERS FOR COVERAGE UNDER MANAGEMENT PROTECTION INSURANCE POLICY WHICH WAS ISSUED F BY WESTCHESTERIRE INSURANCE COMPANY WESTCHESTERAND WHICH HAS BEEN IN FORCE
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Case 1:04-cv-00725-RPM
KATHY CAREY 2002 JANUARY23 PAGE
MS
Document 41-28
Filed 07/01/2005
Page 2 of 2
ISSUED BY ROYAL WESTCHESTER HAS ADVISED US THAT IT SINCETHE EXPIRATION THE POLICY OF CIRCUMSTANCEDESCRIBED OUR JANUARY 1999 IN BELIEVE BELIEVESTHELITIGATION ARISEOUT OF THE CIRCUMSTANCES TO AND HAS REQUESTED WE PROVIDEOTICEOF THE LITIGATION ROYAL THAT N TO LETTER ROYAL TO ENCLOSEDFORYOUR EASE OF REFERENCE IS AND COPY OF MY JANUARY 1999 NOTICELETTER R DATEDFEBRUARY11 AND 25 COPIEOFFURTHERELATED COPIES CORRESPONDENCE
WE WOULD APPRECIATE YOUR 1999
ATTENTIONND ADVICEWHETHER A THE PROMPT ROYAL ACCEPT ACCEPTS
ME
FOR LITIGATION COVERAGE UNDERITS POLICY PLEASECONTACT
IF YOU HAVE ANY
OR QUESTION QUESTIONS
INFORMATION ABOUT THELITIGATION REQUIRE ADDITIONAL ANY
TRULY VERY YOUR YOURS
THE
QUIZNO QUIZNOS
CORPORATION
PATRICK E
MEYER MEYERS
VICE PRESIDENT GENERAL COUNSEL ENCLOSURE ENCLOSURES
CC
THEODORE ALTMAN ESQ
NEWY13594757V2
12302
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