FILED: NEW YORK COUNTY CLERK 10/13/ :21 PM

Transcription

1 Exhibit D

2 August 18, 2016 Tender Letter to Barist, Exhibits excluded

3 August 18, WALL STREET NEW YORK, NY (212) KELLY E. JONES Cheryll L. Corigliano Chesney & Nicholas, LLP c/o Barist Elevator Company, Inc. 485 Underhill Boulevard, Suite 308 Syosset, New York DIRECT: (212) FAX: (212) RE: Tender of Defense and Indemnification Dear Ms. Corigliano: Karen Benson v. VTR Glen Cove, LLC, OLSL Glen Cove, LLC & Barist Elevator Company, Inc., Index No /16 (Supreme Court, New York County) Claimant: Karen Benson Date of Loss: September 5, 2015 Loss Location: 146 Glen Street, Glen Cove, New York Our Client: VTR Glen Cove, LLC f/k/a OLSL Glen Cove This firm represents defendant VTR Glen Cove, LLC, f/k/a OLSL Glen Cove ( VTR Glen Cove ), which superseded the defunct entity OLSL Glen Cove, in the above-referenced personal injury action filed by plaintiff Karen Benson in the Supreme Court of New York, New York County, on or about March 21, The Complaint alleges plaintiff was injured by a dangerous and defective elevator located at 146 Glen Street, Glen Cove, New York ( the Premises ) on September 5, 2015 at approximately 11:00 a.m. A copy of the Complaint is annexed hereto as Exhibit A. Plaintiff also alleges that VTR Glen Cove is the owner of the Premises and that Barist Elevator Company, Inc. ( Barist ) was retained to install, service, repair and otherwise maintain the elevators at the premises. Id. at 11, 12. Plaintiff further alleges inter alia that both defendants were negligent in failing to properly inspect and maintain the premises, and in particular the elevator of said Premises. Id. at 27. Plaintiff asserts causes of action for negligence against both defendants. Id. at 27, 28. VTR Glen Cove s Tender to Barist On or about September 18, 2011, Barist entered into a Service Agreement ( SA ) with Glen Cove which was used as shorthand for the entities associated with the Premises. A Standard Addendum to Contract ( Addendum ) to the SA was executed between Barist and WG Glen Cove SH, LLC ( WG Glen Cove ) on September 20, A copy of the SA and Addendum is annexed hereto as Exhibit B.

4 Cheryll L. Corigliano August 18, 2016 Page 2 Prior to the execution of the SA and Addendum, WG Glen Cove entered into a Lease and Security Agreement with defendant VTR Glen Cove, whereby VTR Glen Cove was named landlord of the Premises and WG Glen Cove was named tenant. Annexed hereto as Exhibit C is the May 12, 2011 Lease and Security Agreement between VTR Glen Cove and WG Glen Cove. In the Lease and Security Agreement, VTR Glen Cove is also named as the owner of the Premises. Id. at 1. In addition, the Lease and Security Agreement provides that: [WG Glen Cove] shall protect, indemnify, save harmless and defend [VTR Glen Cove] and [VTR Glen Cove] Indemnified Parties from and against all Losses (including, without limitation, Litigation Costs), to the maximum extent permitted by law, imposed upon or incurred by, or asserted or alleged against, [VTR Glen Cove] or any [VTR Glen Cove] Indemnified Party by reason of [] any accident, injury to, or death of, persons or loss of, or damage to property occurring on or about the Leased Property. Id. at p.30, 23. Accordingly, The Lease and Security Agreement identifies defendant VTR Glen Cove as the owner of the Premises and obligates WG Glen Cove to indemnify VTR Glen Cove for the allegations in plaintiff s Complaint. Therefore, as detailed further below, due to Barist s obligation to indemnify and hold harmless the owner of the Premises (VTR Glen Cove) and its tenant (WG Glen Cove), Barist is obligated to indemnify and hold harmless VTR Glen Cove for the claims made my plaintiff. For example, in the Addendum (where WG Glen Cove is defined as Atria), Barist assumed the obligation to: [I]ndemnif[y] and hold[] [WG Glen Cove] & its subsidiaries and affiliates harmless from and against any and all liability, losses, damages, claims or causes of action and expenses (including attorneys fees) connected therewith, which may result against [WG Glen Cove] and/or the Property as a consequence of any malfeasance or neglect of [Barist] or its employees or agents in connection with the performance of services pursuant to this Contract. Exhibit B ; Addendum, 6 (emphasis added). Under this provision of the Addendum, VTR Glen Cove as the owner of the property and as an affiliate of WG Glen Cove (by virtue of their landlord/tenant relationship), is an indemnified party and therefore entitled to both indemnity and defense from Barist. In addition, Barist is obligated to indemnify VTR Glen Cove by virtue of the obligations which run from Barist to WG Glen Cove. As noted in the Addendum, Barist is obligated to indemnify WG Glen Cove for any injuries arising as a consequence of any malfeasance or

5 Cheryll L. Corigliano August 18, 2016 Page 3 neglect of [Barist] or its employees or agents in connection with the performance of services pursuant to this Contract. Exhibit B. Addendum, 6. Similarly, under the Lease and Security Agreement, WG Glen Cove is obligated to indemnify VTR Glen Cove for any loss which occurs by reason of [] any accident, injury to, or death of, persons or loss of, or damage to property occurring on or about the Leased Property. Exhibit C ; p.30, 23. Therefore, Barist is obligated to indemnify VTR Glen Cove as a result of Barist s obligation to indemnify WG Glen Cove. In addition, under the Addendum, Barist is obligated to: [C]arry and maintain general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) in the aggregate... to cover the scope of duties and services provided under this contract. Such policy shall name [WG Glen Cover], Atria Senior Living, Inc. and Atria Management Company, LLC, as additional insured providing Waiver of Subrogation. Exhibit B ; Addendum, 7 (emphasis added). Accordingly, Barist was obligated to add WG Glen Cove and VTR Glen Cove as additional insureds. Ms. Benson specifically alleges that she was caused to be seriously injured by a dangerous and defective elevator located at the Premises, causing serious and permanent personal injuries Exhibit A ; 16. Plaintiff s claims plainly arise out of the elevator service work which Barist contracted to perform as Barist specifically assumed the obligation to regularly and systematically service, adjust and lubricate the elevator equipment... Exhibit B ; SA, p. 2 (Service). In addition, Barist s service records indicate Barist performed maintenance on the elevators on August 28, 2015, approximately one week before the incident. A copy of the Barist service records for the Premise elevators for the three months prior to the incident are annexed hereto as Exhibit D. These records also indicate that Barist performed corrective work on the Premise Elevators on July 3, 2015, July 1, 2015 and June 14, Id. Accordingly, pursuant to the terms of the SA, the Addendum, the Lease and Security Agreement and the above-cited provisions, VTR Glen Cove demands that Barist fully indemnify, hold harmless and provide a defense to VTR Glen Cove for Ms. Benson s lawsuit filed under Index No /16. In addition, pursuant to, and consistent with, the terms of the SA, the Addendum and the Lease and Security Agreement, VTR Glen Cove demands that you provide all copies of any and all insurance policies that may afford VTR Glen Cove coverage for Ms. Benson s claims, including any documentation providing additional insured status as to any entities, Certificates of Insurance, declaration sheets, addenda, exclusions or riders to such policies.

6 Cheryll L. Corigliano August 18, 2016 Page 4 We look forward to your response within 14 days. Of course, should you have any questions or comments, please feel free to contact me. In the interim, you should immediately forward this correspondence to any and all insurance carriers that may provide coverage for this alleged loss. Failure to notify your carrier promptly can result in a forfeiture of insurance coverage. If you have already submitted a claim to your insurance carrier(s), please provide us with the contact information for any claims professional(s) responsible for handling this matter, along with the assigned claim number. In the interest of promoting efficiency, please advise your relevant insurers that an insurer faces a heavy burden in attempting to avoid a duty to defend. Seaboard Surety v. Gillette Co., 64 N.Y.2d 304, 486 N.Y.S.2d 873 (1984) and Avondale Industries, Inc. v. Travelers Ind. Co., 887 F.2d 1200, 1204 (2d Cir. 1989). Moreover, New York courts take a strict four corners view of an insurer s duty to defend. Thus, an insurer may not look outside the scope of the complaint in seeking to avoid its defense obligation. Fitzpatrick v. American Honda, 78 N.Y.2d 61 (1991) ( the courts of this State have refused to permit insurers to look beyond the complaint s allegations to avoid their obligation to defend ). State of New York v. Amro Realty Corp., 936 F.2d 1420, 1426 (2d Cir. 1991). In the alternative, kindly provide information regarding your insurers to us immediately so that we may send a request for defense and indemnification to them as well. Please be advised that VTR Glen Cove reserves all of its rights and does not waive any of its rights by the mere writing of this tender letter to you. Of course, should you have any questions or comments, please feel free to contact me. Sincerely, HARRIS BEACH PLLC By: Kelly E Jones Enclosures

7 December 1, 2016 Tender Letter to Barist

8 December 1, 2016 Marie I. Goutzounis Cheryll L. Corigliano Chesney & Nicholas, LLP 485 Underhill Boulevard, Suite 308 Syosset, New York WALL STREET NEW YORK, NY (212) KELLY E. JONES DIRECT: (212) FAX: (212) Karen Benson v. VTR Glen Cove, LLC, OLSL Glen Cove, LLC & Barist Elevator Company, Inc., Index No /16 (Supreme Court, New York County) Claimant: Karen Benson Date of Loss: September 5, 2015 Loss Location: 146 Glen Street, Glen Cove, New York Our Client: VTR Glen Cove, LLC f/k/a OLSL Glen Cove Your File No.: HARY 119 Dear Ms. Goutzounis and Ms. Corigliano: As you are aware, this firm represents defendant VTR Glen Cove, LLC, f/k/a OLSL Glen Cove ( VTR Glen Cove ), in the above-referenced personal injury action filed by plaintiff Karen Benson in the Supreme Court of New York, New York County. This letter is in follow-up to our prior correspondence dated August 18, 2016, and the August 29, 2016 response from Marie Goutzounis of your firm, wherein your firm acknowledges receipt of our tender package and forwarded same to the carrier for review. On September 14, 2016, we enclosed the Operating Agreement between WG Glen Cove SH, LLC and OLSL New York Operating Company LLC, dated July 22 nd, 2011, which was to be forwarded to the carrier. Please be advised that as of the date of this letter we have not heard anything in response to our August 18 th correspondence and accordingly we are requesting a response from Barist. Please be advised that VTR Glen Cove continues to reserve all of its rights and does not waive any of its rights by this correspondence to you. Your prompt attention to this matter is greatly appreciated. Sincerely, By: HARRIS BEACH PLLC KEJ/fs Kelly E. Jones

9 March 21, 2017 Tender Letter to Barist

10 March 21, 2017 Marie I. Goutzounis Cheryll L. Corigliano Chesney & Nicholas, LLP 485 Underhill Boulevard, Suite 308 Syosset, New York WALL STREET NEW YORK, NY (212) KELLY E. JONES DIRECT: (212) FAX: (212) Karen Benson v. VTR Glen Cove, LLC, OLSL Glen Cove, LLC & Barist Elevator Company, Inc., Index No /16 (Supreme Court, New York County) Claimant: Karen Benson Date of Loss: September 5, 2015 Loss Location: 146 Glen Street, Glen Cove, New York Our Client: VTR Glen Cove, LLC f/k/a OLSL Glen Cove Your File No.: HARY 119 Dear Ms. Goutzounis and Ms. Corigliano: As you are aware, this firm represents defendant VTR Glen Cove, LLC, f/k/a OLSL Glen Cove ( VTR Glen Cove ), in the above-referenced personal injury action filed by plaintiff Karen Benson in the Supreme Court of New York, New York County. This letter is in follow-up to our prior correspondence dated August 18, 2016, and the August 29, 2016 response from Marie Goutzounis of your firm, wherein your firm acknowledges receipt of our tender package and forwarded same to the carrier for review. On September 14, 2016, we enclosed the Operating Agreement between WG Glen Cove SH, LLC and OLSL New York Operating Company LLC, dated July 22 nd, 2011, which was to be forwarded to the carrier. Please be advised that as of the date of this letter we have not heard anything in response to our August 18 th correspondence and accordingly we are requesting a response from Barist. In the interest of promoting efficiency, please advise your relevant insurers that an insurer faces a heavy burden in attempting to avoid a duty to defend. Seaboard Surety v. Gillette Co., 64 N.Y.2d 304, 486 N.Y.S.2d 873 (1984) and Avondale Industries, Inc. v. Travelers Ind. Co., 887 F.2d 1200, 1204 (2d Cir. 1989). Moreover, New York courts take a strict four corners view of an insurer s duty to defend. Thus, an insurer may not look outside the scope of the complaint in seeking to avoid its defense obligation. Fitzpatrick v. American Honda, 78 N.Y.2d 61 (1991) ( the courts of this State have refused to permit insurers to look beyond the complaint s allegations to avoid their obligation to defend ). State of New York v. Amro Realty Corp., 936 F.2d 1420, 1426 (2d Cir. 1991). We look forward to your response within 14 days. Of course, should you have any questions or comments, please feel free to contact me.

11 Marie I. Goutzounis Cheryll L. Corigliano Chesney & Nicholas, LLP Page 2 Please be advised that VTR Glen Cove continues to reserve all of its rights and does not waive any of its rights by this correspondence to you. Your prompt attention to this matter is greatly appreciated. Sincerely, HARRIS BEACH PLLC By: KEJ/fs Kelly E. Jones

12 March 30, 2017 Tender Letter to Barist, Exhibits excluded

13 March 30, WALL STREET NEW YORK, NY (212) KELLY E. JONES VIA & REGULAR MAIL Michael Jenks Chesney & Nicholas, LLP c/o Barist Elevator Company, Inc. 485 Underhill Boulevard, Suite 308 Syosset, New York DIRECT: (212) FAX: (212) RE: Tender of Defense and Indemnification Dear Mr. Jenks: Karen Benson v. VTR Glen Cove, LLC, OLSL Glen Cove, LLC & Barist Elevator Company, Inc., Index No /16 (Supreme Court, New York County) Claimant: Karen Benson Date of Loss: September 5, 2015 Loss Location: 146 Glen Street, Glen Cove, New York Our Client: VTR Glen Cove, LLC f/k/a OLSL Glen Cove This firm represents defendant VTR Glen Cove, LLC, f/k/a OLSL Glen Cove ( VTR Glen Cove ), which superseded the defunct entity OLSL Glen Cove, in the above-referenced personal injury action filed by plaintiff Karen Benson in the Supreme Court of New York, New York County, on or about March 21, This letter is in follow-up to our correspondence sent to your firm dated August 18, 2016, December 1, 2016 and March 21, 2017 and the August 29, 2016 response from Marie Goutzounis of your firm, wherein your firm acknowledges receipt of our tender package and forwarded same to the carrier for review. The Complaint alleges plaintiff was injured by a dangerous and defective elevator located at 146 Glen Street, Glen Cove, New York ( the Premises ) on September 5, 2015 at approximately 11:00 a.m. A copy of the Complaint is annexed hereto as Exhibit A. Plaintiff also alleges that VTR Glen Cove is the owner of the Premises and that Barist Elevator Company, Inc. ( Barist ) was retained to install, service, repair and otherwise maintain the elevators at the premises. Id. at 11, 12. Plaintiff further alleges inter alia that both defendants were negligent in failing to properly inspect and maintain the premises, and in particular the elevator of said Premises. Id. at 27. Plaintiff asserts causes of action for negligence against both defendants. Id. at 27, 28.

14 Michael Jenks March 30, 2017 Page 2 VTR Glen Cove s Tender to Barist On or about September 18, 2011, Barist entered into a Service Agreement ( SA ) with Glen Cove which was used as shorthand for the entities associated with the Premises. A Standard Addendum to Contract ( Addendum ) to the SA was executed between Barist and WG Glen Cove SH, LLC ( WG Glen Cove ) on September 20, A copy of the SA and Addendum is annexed hereto as Exhibit B. Prior to the execution of the SA and Addendum, WG Glen Cove entered into a Lease and Security Agreement with defendant VTR Glen Cove, whereby VTR Glen Cove was named landlord of the Premises and WG Glen Cove was named tenant. Annexed hereto as Exhibit C is the May 12, 2011 Lease and Security Agreement between VTR Glen Cove and WG Glen Cove. In the Lease and Security Agreement, VTR Glen Cove is also named as the owner of the Premises. Id. at 1. In addition, the Lease and Security Agreement provides that: [WG Glen Cove] shall protect, indemnify, save harmless and defend [VTR Glen Cove] and [VTR Glen Cove] Indemnified Parties from and against all Losses (including, without limitation, Litigation Costs), to the maximum extent permitted by law, imposed upon or incurred by, or asserted or alleged against, [VTR Glen Cove] or any [VTR Glen Cove] Indemnified Party by reason of [] any accident, injury to, or death of, persons or loss of, or damage to property occurring on or about the Leased Property. Id. at p.30, 23. Accordingly, The Lease and Security Agreement identifies defendant VTR Glen Cove as the owner of the Premises and obligates WG Glen Cove to indemnify VTR Glen Cove for the allegations in plaintiff s Complaint. Therefore, as detailed further below, due to Barist s obligation to indemnify and hold harmless the owner of the Premises (VTR Glen Cove) and its tenant (WG Glen Cove), Barist is obligated to indemnify and hold harmless VTR Glen Cove for the claims made my plaintiff. For example, in the Addendum (where WG Glen Cove is defined as Atria), Barist assumed the obligation to: [I]ndemnif[y] and hold[] [WG Glen Cove] & its subsidiaries and affiliates harmless from and against any and all liability, losses, damages, claims or causes of action and expenses (including attorneys fees) connected therewith, which may result against [WG Glen Cove] and/or the Property as a consequence of any malfeasance or neglect of [Barist] or its employees or agents in

15 Michael Jenks March 30, 2017 Page 3 connection with the performance of services pursuant to this Contract. Exhibit B ; Addendum, 6 (emphasis added). Under this provision of the Addendum, VTR Glen Cove as the owner of the property and as an affiliate of WG Glen Cove (by virtue of their landlord/tenant relationship), is an indemnified party and therefore entitled to both indemnity and defense from Barist. In addition, Barist is obligated to indemnify VTR Glen Cove by virtue of the obligations which run from Barist to WG Glen Cove. As noted in the Addendum, Barist is obligated to indemnify WG Glen Cove for any injuries arising as a consequence of any malfeasance or neglect of [Barist] or its employees or agents in connection with the performance of services pursuant to this Contract. Exhibit B. Addendum, 6. Similarly, under the Lease and Security Agreement, WG Glen Cove is obligated to indemnify VTR Glen Cove for any loss which occurs by reason of [] any accident, injury to, or death of, persons or loss of, or damage to property occurring on or about the Leased Property. Exhibit C ; p.30, 23. Therefore, Barist is obligated to indemnify VTR Glen Cove as a result of Barist s obligation to indemnify WG Glen Cove. In addition, under the Addendum, Barist is obligated to: [C]arry and maintain general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) in the aggregate... to cover the scope of duties and services provided under this contract. Such policy shall name [WG Glen Cover], Atria Senior Living, Inc. and Atria Management Company, LLC, as additional insured providing Waiver of Subrogation. Exhibit B ; Addendum, 7 (emphasis added). Accordingly, Barist was obligated to add WG Glen Cove and VTR Glen Cove as additional insureds. Ms. Benson specifically alleges that she was caused to be seriously injured by a dangerous and defective elevator located at the Premises, causing serious and permanent personal injuries Exhibit A ; 16. Plaintiff s claims plainly arise out of the elevator service work which Barist contracted to perform as Barist specifically assumed the obligation to regularly and systematically service, adjust and lubricate the elevator equipment... Exhibit B ; SA, p. 2 (Service). In addition, Barist s service records indicate Barist performed maintenance on the elevators on August 28, 2015, approximately one week before the incident. A copy of the Barist service records for the Premise elevators for the three months prior to the incident are annexed hereto as Exhibit D. These records also indicate that Barist performed corrective work on the Premise Elevators on July 3, 2015, July 1, 2015 and June 14, Id. Accordingly, pursuant to the terms of the SA, the Addendum, the Lease and Security Agreement and the above-cited provisions, VTR Glen Cove demands that Barist fully indemnify,

16 Michael Jenks March 30, 2017 Page 4 hold harmless and provide a defense to VTR Glen Cove for Ms. Benson s lawsuit filed under Index No /16. In addition, pursuant to, and consistent with, the terms of the SA, the Addendum and the Lease and Security Agreement, VTR Glen Cove demands that you provide all copies of any and all insurance policies that may afford VTR Glen Cove coverage for Ms. Benson s claims, including any documentation providing additional insured status as to any entities, Certificates of Insurance, declaration sheets, addenda, exclusions or riders to such policies. We look forward to your response within 14 days. Of course, should you have any questions or comments, please feel free to contact me. In the interim, you should immediately forward this correspondence to any and all insurance carriers that may provide coverage for this alleged loss. Failure to notify your carrier promptly can result in a forfeiture of insurance coverage. If you have already submitted a claim to your insurance carrier(s), please provide us with the contact information for any claims professional(s) responsible for handling this matter, along with the assigned claim number. In the interest of promoting efficiency, please advise your relevant insurers that an insurer faces a heavy burden in attempting to avoid a duty to defend. Seaboard Surety v. Gillette Co., 64 N.Y.2d 304, 486 N.Y.S.2d 873 (1984) and Avondale Industries, Inc. v. Travelers Ind. Co., 887 F.2d 1200, 1204 (2d Cir. 1989). Moreover, New York courts take a strict four corners view of an insurer s duty to defend. Thus, an insurer may not look outside the scope of the complaint in seeking to avoid its defense obligation. Fitzpatrick v. American Honda, 78 N.Y.2d 61 (1991) ( the courts of this State have refused to permit insurers to look beyond the complaint s allegations to avoid their obligation to defend ). State of New York v. Amro Realty Corp., 936 F.2d 1420, 1426 (2d Cir. 1991). In the alternative, kindly provide information regarding your insurers to us immediately so that we may send a request for defense and indemnification to them as well. In light of our previous efforts to resolve this issue, if no response is received within 14 days, VTR Glen Cove will take steps to assert cross-claims against Barist for contractual indemnification, contribution and indemnity. Please be advised that VTR Glen Cove reserves all of its rights and does not waive any of its rights by the mere writing of this tender letter to you.

17 Michael Jenks March 30, 2017 Page 5 Of course, should you have any questions or comments, please feel free to contact me. Sincerely, HARRIS BEACH PLLC By: Kelly E Jones Enclosures

18 July 25, 2017 Tender Letter to Barist, Exhibits excluded

19 July 25, WALL STREET NEW YORK, NY (212) KELLY E. JONES VIA & REGULAR MAIL Michael Jenks Chesney & Nicholas, LLP c/o Barist Elevator Company, Inc. 485 Underhill Boulevard, Suite 308 Syosset, New York DIRECT: (212) FAX: (212) RE: Tender of Defense and Indemnification Dear Mr. Jenks: Karen Benson v. VTR Glen Cove, LLC, OLSL Glen Cove, LLC & Barist Elevator Company, Inc., Index No /16 (Supreme Court, New York County) Claimant: Karen Benson Date of Loss: September 5, 2015 Loss Location: 146 Glen Street, Glen Cove, New York Our Client: VTR Glen Cove, LLC f/k/a OLSL Glen Cove As noted in previous tender letters and correspondence to and from your office dated August 18, 2016; August 29, 2016; December 1, 2016; March 21, 2017; and March 30, 2017 (all correspondence annexed as Exhibit A ), this firm represents defendant VTR Glen Cove, LLC, f/k/a OLSL Glen Cove ( VTR Glen Cove ), which superseded the defunct entity OLSL Glen Cove, in the above-referenced personal injury action filed by plaintiff Karen Benson in the Supreme Court of New York, New York County, on or about March 21, This letter is in follow-up to our previous tender letters sent to your firm dated August 18, 2016, December 1, 2016 and March 21, 2017 and the August 29, 2016 response from Marie Goutzounis of your firm, wherein your firm acknowledges receipt of our tender package and forwarded same to the carrier for review. VTR Glen Cove has patiently waited for a formal response to its tender to Barist. However, since no response has been forthcoming, VTR Glen Cove intends to amend its complaint to assert cross-claims against Barist for inter alia breach of contract and contractual indemnification unless Barist formally responds to VTR Glen Cove s tender within 14 days of this correspondence. We look forward to your response within 14 days. In the interim, you should immediately forward this correspondence to any and all insurance carriers that may provide coverage for this alleged loss. Failure to notify your carrier promptly can result in a forfeiture of insurance coverage. If you have already submitted a claim to your insurance carrier(s), please

20 Michael Jenks July 25, 2017 Page 2 provide us with the contact information for any claims professional(s) responsible for handling this matter, along with the assigned claim number. Please be advised that VTR Glen Cove reserves all of its rights and does not waive any of its rights by the mere writing of this tender letter to you. Of course, should you have any questions or comments, please feel free to contact me. Sincerely, HARRIS BEACH PLLC By: Kelly E Jones Enclosures