Articles
Is this letter a ‘Claim’? – How to classify a letter of demand
Under a claims-made and notified policy, a crucial first step in determining coverage is to assess whether the letter of demand is a ‘claim’. This article illustrates four of the key questions to ask when a letter of demand is received.
Significant cases, legislation or articles referred to
- Airborne Express Inc v St Paul Fire & Marine Insurance Company 472 F.3d 634 (9th Circ., 2006)
- Reid Crowther Ltd v Simcoe & Erie Insurance Company [1993] 1 SCR 252
- Walton v National General Insurance Association [1972] 2 NSWLR 73
- Transport Industries Insurance Co v NSW Medical Defence Union [1986] 4 ANZ Ins Cases
- Dwyer v Long (1992) 58 SASR 102
- Junemill Limited v FAI (1999) 2 Qd R 136; [1997] QCA 261