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Insurance

Dec. 12, 2013

When is a claim a 'claim'?

There has been substantial litigation over what a claim is and when a claim is first made.

Kirk A. Pasich

Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP

Phone: (310) 956-3462

Email: kpasich@mcguirewoods.com

Loyola Law School

See more...

Many liability policies insure for "claims" that are made against insureds. There has been substantial litigation over what a claim is and when a claim is first made. Some policies do not specifically define "claim," while others do.

Absent a specific definition in a policy, California courts long have adopted this definition: "A claim, both in its ordinary meaning, and in the interpretation given to it by other courts ... is a demand for something as a right, or as due. A claim r...

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