| P.O. Box ZZ Jamaica, NY 11430 |
| ZURICH NORTH AMERICA |
| June 20, 2002 |
| CERTIFIED MAIL - RETURN RECEIPT REQUESTED | ||||
|
Wolfe's Borough Coffee d/b/a Black Bear Micro Roastery P.O. Box 31 Ctr Tiftonboro, NH 03819 Att. Mr. Jim Clark |
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Re: |
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Starbucks
Corp., u Washington Corp. and Starbucks U.S. Brands,
Inc., a California
Corp. v Wolfe's Borough Coffee |
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| Insured | : | Wolfe's Borough Coffee | ||
| Claimant | : |
Starbucks US Br Starbucks Corporation |
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| Claim No. | : |
56400666470-001 |
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| Policy No. | : |
PAS 30929054 |
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| Eff. | : |
3/10/2001 to 3/10/2002 |
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| : |
07/03/01 |
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| Dear Mr. Clark: |
|
We have received your
letter of June 5, 2002, together with the policy of
insurance and our prior communications to you concerning
this matter. We
regret to advise you that we must adhere to our
determination that no coverage or defense obligation
exists with respect to plaintiff's proposed Amended
Complaint and that we must therefore withdraw from your
defense when and if the Amended Complaint becomes the
operative pleading in this litigation. Although
the subject policy does not define the term
"damages," we have concluded that under
insurance industry intent and relevant case law, the
term "damages" does not encompass the
attorneys' fees and costs sought, in plaintiff’s
proposed Amended Complaint in this matter. We
accordingly must adhere to our determination to disclaim
liability and withdraw from your defense when and if the
proposed Amended Complaint becomes the operative
pleading in this matter. With
respect to the other assertions in your letter, we
regret that you apparently feel that we are acting in
concert with plaintiff Starbucks or are somehow involved
with Starbucks in alleged "restraint of
trade." We assure you that this is not so. We are
obligated to analyze coverage for any pleadings sought
to be asserted against you, that is what we have done in
this case. |
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Very truly yours, |
|
NORTHERN INSURANCE COMPANY OF NEW YORK |
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Debra Bertone Litigation Specialist (973) 394-5204 |
| Cc: |
The Melcher and Prescott Agency Attn: Shirley Gamblin |