Andy Warhol Foundation for the Visual Arts, Inc. Frederick W. Hughes, as of the Estate of Andy Warhol v. Federal Insurance Company

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 Poetical Works of Henry Wadsworth Longfellow 197 (Houghton, Mifflin & Co., Household ed.1901).

More specifically, the appeal deals…