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In re Ancillary Receivership of Reliance Insurance Co.

NEW YORK COURT OF APPEALS


February 11, 2009

IN THE MATTER OF THE ANCILLARY RECEIVERSHIP OF RELIANCE INSURANCE COMPANY.
THE YALE CLUB OF NEW YORK CITY, INC., RESPONDENT,
v.
RELIANCE INSURANCE COMPANY IN LIQUIDATION, APPELLANT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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.

20090211

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