ANDY WARHOL FOUNDATION v. FEDERAL INS. CO.

Docket No. 98-7914.

189 F.3d 208 (1999)

ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC.; Frederick W. Hughes, as Executor of The Estate of Andy Warhol, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 17, 1999.


Attorney(s) appearing for the Case

Howard S. Schrader, New York, New York (Paul J. Hanly, Jr., Coblence & Warner, New York, New York, of counsel), for Plaintiffs-Appellants.

Curtis C. Mechling, New York, New York (Michael F. Perlis, Charles E. Torres, Stroock & Stroock & Lavan LLP, New York, New York, of counsel), for Defendant-Appellee.

Before: WINTER, Chief Judge, CARDAMONE, and PARKER, Circuit Judges.


CARDAMONE, Circuit Judge:

In this appeal we discuss the question of when a "claim" is made so as to trigger an insured's obligation to give notice to its insurer. Among other things, one necessary ingredient distilled from a survey of the decisional law is that a party that has a claim must itself assert it: a concept perfectly capsulized in Longfellow's "Why don't you speak for yourself, John?" Henry W. Longfellow, The Courtship of Miles Standish, in The Complete...

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