Borough Coffee Inc. – dba - The Black Bear Micro Roastery
Burleigh Road, POB 31, Center Tuftonboro, NH 03816
the WEB at www.BlackBearCoffee.com
June 26, 2002
Claim #: 564-0066470-001 CF
#: PAS 30929054
of Loss: 7/3/01
Zurich June 20, 2002 Certified Letter regarding
motion for leave to serve an Amended Complaint No. Ol-CV-5981
would like to respond to the above referenced letter.
word “damages” refers to monetary loss in this instance. Our policy clearly states that Zurich is “ … obligated to
pay sums that the insured becomes legally obligated to pay as damages
…”. Nowhere in the
applicable section of our policy is the interpretation of the word “damages”
parsed into separate categories.
Starbucks is specifically asking the court to award substantial
sums of money, which would clearly represent an overwhelming monetary
loss to us. The policy is
written in English, and we are clearly insured against such monetary
have once again made reference, in print, to “insurance industry
intent”, and “relevant case law”.
However, it is now more than three months since these discussions
began, and you still have failed to produce even a single shred of
documentation to back up you position.
While you state that you are not acting in concert with Starbucks
in “restraint of trade”, I have to reiterate that the appearance of
“restraint of trade” seems a possibility, considering the foregoing.
reasonable individual might well deem your actions as intimidation,
intended to force us to “walk away”, and suffer considerable losses
in the process, or face the very real prospect of our business failing
before we even have our “day in court”.
premiums are considered an essential business expense to protect against
unforeseen, and catastrophic loss.
Since you have no evidence that we have done anything wrong, and
since Starbucks is seeking substantial monetary damages, you are
contractually committed to protecting us from the aggressive actions of
Starbucks. I strongly
request that you cease restricting our defense council from pursuing an
you can clearly document you position, why don’t you do so? Continuing to act in the manner that you are, without any
visible justification to do so, would seem to indicate deliberate intent
on your part to save money for Zurich, and assist Starbucks in achieving
its goal, while putting the existence of our business in extreme peril.
Honorable Laura Taylor Swain (S.D.N.Y.)
Honorable Theodore H. Katz (S.D.N.Y.)