When is an insurance claim really a ‘Claim’?

The insured was a real estate agent and property manager who held professional indemnity insurance with American Home Assurance Company. The plaintiff was renting a property managed by the insured.

The plaintiff was hit on the head by a pelmet which fell in the house in April 2005. She then sent a letter to the insured dated 26 April 2005 informing him that she had suffered personal injury and would advise him of her intentions in that regard. She also listed 17 other concerns with the general repair and maintenance of the rental property. She stated that the insured and the landlords would "be held liable for any personal injury claims arising from damage caused to the tenants due to poor living conditions" and that she had a current entitlement to bring a personal injury claim. The letter made no specific demand for payment in respect of the alleged personal injuries.