12.1 “Claim”

The word “Claim” bearing a capitalisation is to be distinguished from “claim” without such capitalisation: “Claim” in capitalised form refers to a specific policy definition relating to a “Claim” made against the insured, whereas “claim” in lowercase form refers to the claim thereafter made by the insured against the insurer for coverage.1 The definition of Claim within a liability policy will point to the object claimed and not the cause of action2 (the set of facts which may give rise to multiple Claims).3 In Thorman v New Hampshire Insurance Co (UK) Ltd,4 a Claim under the relevant Claims made policy was deemed to be ‘the assertion by a third party against the insured of a right to some relief’.5 However, D&O policy wording will provide a specific definition for Claim(s) and may open up broader coverage or be more restrictive.