ZURICH

 

March 12, 2002

 

Wolfe's Borough Coffee dba

Black Bear Micro Roastery

Attn: Jim dark

P.O. Box 31

Ctr Tuftonboro, NH 03819

 

Zurich North America.

 

Claims

               P.O. BoxZZ

              Jamaica, NY

              11430-OOZZ

 

Telephone (800) 396-6677

       Fax (631)234-4292

  http://www.zurichna.com

RE:

Starbucks Corp., a Washington Corp, and Star-bucks U.S. BrandsInc., a California Corp. vs. Wolfe's Borough Coffee

Claim #: 5640066470-001

Insured: WOLFE'S BOROUGH COFFEE

Date of Loss: 07/03/01

Claimant: Starbucks US Br Starbucks Corporation

Policy #: PAS 30929054

Eff. Dates: 3/10/2001 to 3/10/02

 

Dear Mr. Clark:

 

Our office is in receipt of an "amended" complaint being served by the plaintiff in this action.

 

I have reviewed the "amended" complaint received in our office.

As you are aware, we have been providing a defense to Wolfe's Borough Coffee in this action pursuant to a complete reservation of rights. We now received an "amended" complaint such that the only relief the plaintiffs will seek in this action will be in the form of injunctive relief, attorney's fees and costs. A thorough review of our policy only covers "sums the insured becomes legally obligated to pay as damages". The relief the plaintiffs will now be seeking does not constitute "damages" as defined under the policy.

 

Please be advised, once the plaintiff has formally and/or officially amended and served his complaint, Northern Insurance Company of NYwill withdraw from your defense in this matter.

 

When the "amended" complaint is formally and/or officially served, a formal declination letter will be forwarded to you under separate cover withdrawing from this action.

 

Very truly yours,

 

Northern Insurance Company of New York

 

Debra Bertone

CLAIM CASE MANAGER

(973) 394-5204

 

 

cc:   Michael Terry, Esq.

       Konowitz & Greenberg

       110CedarSt.Ste.250

       Wellesley Hills, MA 02481