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WMOP, LLC v. SCOTTSDALE INS. CO.

655953/18. Appeal No. 13236. Case No. 2020-02457.

192 A.D.3d 411 (2021)

139 N.Y.S.3d 540

2021 NY Slip Op 01240

WMOP, LLC, et al., Respondents-Appellants, v. Scottsdale Insurance Company, Respondent, and Mt. Hawley Insurance Company, Appellant.

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

Decided March 2, 2021.

Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York ( Joseph D'Ambrosio of counsel), for appellant.

Herzfeld & Rubin, P.C., New York ( David B. Hamm of counsel), for respondents-appellants.

Tressler LLP, New York ( Courtney E. Scott of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.

The May 19, 2017 letter from a law firm, which requested records from WMOP but made no demands for relief, cannot be deemed a "claim" made during the Scottsdale policy period (see Purcigliotti v Risk Enter. Mgt. Ltd., 240 A.D.2d 205, 206 [1st Dept 1997]; Evanston Ins. Co. v GAB Bus. Servs., 132 A.D.2d 180, 185 [1st Dept 1987]). Despite the fact that WMOP was contacted by Scottsdale for additional...

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