american air national would you know like you can say that too although my certificate of interest says that its name is ai g rather than american international right if you put the initials in the name then it's the name and  say the great burlington northern railroad is now policy is a claims made insurance policy at the claimants st made before july st two thousand and six claims not covered on their policy the policy does not define the word claim but indiana courts have understood a claim to mean  demand for money or property or some specific relief accompanied by an allegation of wrongdoing therefore any demand written or oral made against metro for money or some specific release a company i mean the allegation of wrongdoing change but both were based on the rejection of the policy limits demand so our argument would be with respect to the brand what's the earliest claim was made in february two thousand and five but either one was made prior to the inception of the policy standing does not fall into the definition of a claim under the common law you now claim what does what significance do you give the letter in december of four the rejection of the policy limits demands that pro should pay the round with sex or contractual dollars there was also a similar letter in two thousand and five demanding that metro accept the lowest of the branch let's multi million dollar settlement advance again allegation of wrongdoing our position is that needs to happen want definition of a cloying whether every hammer letter constitutes a claim with a ban would depend on what's in the letter a typical hammer letter could be that if there is an extra contractual judgment or verdict we expect you to you know take care of us throughout the remainder of the case there may not be any reference to any wrongdoing there may be threats of  claims there might be a future demand there may not be a demand at all so i wouldn't say every d hammer letter constitutes a claim but the specific communications constitute a claim under indiana concept of what constitutes a claim and undefined term under the common law so i'm looking for a brighter line that insured to try to follow you telling me it's not very bright no i think it is if there is no demand for a specific relief either monetarily ers some other type of relief based on allegations of wrongdoing that is a claim  whether specific demands a claim which demands facts and circumstances the contents of the letter or what was said during the discussions need a specific dollar amount no just today extra bramlett supplement offers that was in a specific amount but it was get the best deal you can but we expect you to pay the lowest amount the brammertz are willing to take and again whether you have standing in betsy's points demands are made all the time prior to a formal loss oftentimes demands are made based on allegations of wrongdoing before a formal lawsuits filed and court took the same exact language any wrong full act and interpret it in a matter differently than this court did in its prior opinion therefore you have two different policy provisions with the same exact language being interpreted in different ways that not only goes against the law against doctrine it also goes against india and a lot of policy profession should be hermit nice and not in conflict with each other and as we stated in our preach and they  exclusions and the district court rejected that argument finding that such as for an arbitrary interpretation would lead to a watchful results this quarter for that ruling and so if you decide the claim was made prior to  honor court jackers in on behalf of the medical protective insurance company of fort wayne indiana there's a quick answer to this last point counsel made which is it's there's nothing in congress between a finding of coverage under the coverage  the prior panel remanded for a jury trial on whether there was a wrongful act and the jury checked the saying no i wonder why that doesn't end the suit we said there was a tribal issue a i g prevailed on the tribal issue what is left of this litigation i'm certain will we prevail other verdict form i look to see whether there was that that's correct really botched my client's operation and you should pay damages to my client no lawsuit has been filed yet i assume you would expect your doctor insured to treat that  negligently turning it down as an m but let me pursue the her a little further and that is the doctor's response is i didn't do a thing wrong i have faced no exposure about this and so they implicitly saying you did something wrong if you don't settle with me now i can see you tomorrow that's a claim of right and how is that different from dr philip's letter say in two thousand and four or different from what is implied by  by med pros offer to settle with the ram once for one for more than them oh see coverage after the verdict in two thousand and five because in each instance maybe pro is defending its insured in the tort system and i even asked the a i g as it says here you can take over a claim that we presented you can decide if you want to defend it if we have tender g u this hour is demanded and the nasty letters to follow