In the Matter of the Ancillary Receivership of Reliance Insurance Company. The Yale Club of New York City. v. Reliance Insurance Company in Liquidatio, No. 71 SSM 2 (N.Y. 2009)

New York Court of Appeals, Memorandum (February 11, 2009)

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This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

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No. 71 SSM 2

In the Matter of the Ancillary

Receivership of Reliance

Insurance Company.

The Yale Club of New York City,

Inc.,

Respondent,

Reliance Insurance Company in

Liquidation,

Appellant.

Submitted by David B. Hamm, for appellant.

Submitted by Joseph A. Kilbourn, for respondent.

* * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. Based on the arguments presented, the Appellate Division did not err in concluding that the insurance company could not rely on the August 1993 letter as the basis to avoid coverage under the claims-made policy. Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

Decided February 11, 2009