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IN THE MATTER OF ANCILLARY RECEIVERSHIP OF RELIANCE INS. CO.

55 A.D.3d 43 (2008)

863 N.Y.S.2d 415

In the Matter of the ANCILLARY RECEIVERSHIP OF RELIANCE INSURANCE COMPANY. THE YALE CLUB OF NEW YORK CITY, INC., Respondent, v. RELIANCE INSURANCE COMPANY, by the SUPERINTENDENT of INSURANCE, as Ancillary Receiver, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 2, 2008.

Attorney(s) appearing for the Case

Herzfeld & Rubin, PC, New York City (David B. Hamm and Abraham David of counsel), for appellant.

Cone & Kilbourn, Mount Kisco (Joseph A. Kilbourn of counsel), for respondent.

MOSKOWITZ and ACOSTA, JJ., concur with TOM, J.P. FRIEDMAN and CATTERSON, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

TOM, J.P.

At issue is whether a letter received by an insured constitutes a "claim" within the meaning of a claims-made insurance policy. Although the term is undefined in the insurance contract, defendant Superintendent of Insurance, as Ancillary Receiver for Reliance Insurance Company, contends that case law dictates that the letter be treated as a claim. Since there is an ambiguity as to what constitutes a claim under the Reliance...

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