Matter of Reliance Ins. Co.
2009 NY Slip Op 01019 [12 NY3d 725]
February 11, 2009
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 22, 2009


[*1]
In the Matter of the Ancillary Receivership of Reliance Insurance Company. The Yale Club of New York City, Inc., Respondent,
v
Reliance Insurance Company, by the Superintendent of Insurance, as Ancillary Receiver, Appellant.

Decided February 11, 2009

Matter of Reliance Ins. Co., 55 AD3d 43, affirmed.

APPEARANCES OF COUNSEL

Herzfeld & Rubin, P.C., New York City (David B. Hamm of counsel), for appellant.

Cone & Kilbourn, Mount Kisco (Joseph A. Kilbourn of counsel), for respondent.

{**12 NY3d at 726} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones.