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ARTICLE · 04 SEPTEMBER 2025

Mind The Wording: No Coverage Without A Clear Demand — Lessons For Claims Teams

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A recent decision from the United States District Court for the Southern District of California, in the matter between Del Mar Woods v. Philadelphia Indemnity Insurance...

South AfricaInsurance
Jean-Paul Rudd
Jean-Paul Rudd
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A recent decision from the United States District Court for the Southern District of California, in the matter between Del Mar Woods v. Philadelphia Indemnity Insurance Co., 2025 WL 1798300 (S.D. Cal. June 27, 2025), provides guidance on the interpretation of "Claim" under claims-made insurance policies and highlights the limits of what may constitute a "demand".

Background

Del Mar Woods Homeowners Association (the "HOA") purchased a claims-made insurance policy from Philadelphia Indemnity Insurance Company, effective from 25 March 2022 to 25 March 2023. The policy defined a "Claim" as "a written demand for monetary or non-monetary relief against an Insured", but did not further define "demand" or "non-monetary relief".

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