What Constitutes a "Claim" Under A Claims Made Policy
For an interesting discussion of what constitutes a claim letter in the absence of a definition of "claim," read In re Ancillary Receivership of Reliance Insurance Co., 2008 NY Slip Op 6690 (1st Dep't App. Div. Sept. 2, 2008). I believe that the correct view was presented in the dissent by Judge Catterson (though in my one appearance before him he was brutal to my approach). Judge Catterson focused on the language of the letter-- particularly the use of the word "claim"-- to find that the letter was a claim.
