Free Motion for Partial Summary Judgment - District Court of Colorado - Colorado

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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