Legal Opinion

Yale Club of New York City, Inc. v. Reliance Insurance

Appellate Division of the Supreme Court of the State of New York

Decided September 2, 2008PublishedCited by 6 opinions

1Opinion of the Court

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 policy, such ambiguity must be construed against the insurer under the doctrine of contra proferentem. In the context of ongoing attempts by…

2Cases cited19 opinions

  1. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  2. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  4. Slamow v. Del ColNew York Court of Appeals · 1992
  5. Telaro v. TelaroNew York Court of Appeals · 1969

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3Cited by6 opinions

  1. Rockland Exposition, Inc. v. Great American Assurance Co.District Court, S.D. New York · 2010
  2. Ferreira v. Mereda Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. SPOLETA CONSTRUCTION, LLC v. ASPEN INSURANCE UK LIMITEDAppellate Division of the Supreme Court of the State of New York · 2014
  4. Jordan v. Evanston InsuranceCourt of Appeals for the Fifth Circuit · 2022
  5. SPOLETA CONSTRUCTION, LLC v. ASPEN INSURANCE UK LIMITEDAppellate Division of the Supreme Court of the State of New York · 2014

1 more not listed; retrieve them via the Exa API.

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