[Date]
VIA [EMAIL AND CERTIFIED MAIL]
[Insurer claims department / designated notice address under the policy] [Broker, if notice to broker is permitted or required]
Re: Notice of loss and request for coverage position Insured: [Name] Policy No.: [__] Policy period: [__] Date of loss: [__] Location: [__]
Dear Sir or Madam:
[Insured] gives notice of a loss under the policy identified above and requests that you acknowledge this notice and state your coverage position in writing.
1. The loss. On [date], at approximately [time], [describe what happened in plain factual terms: e.g., “the insured aircraft, N____, experienced a loss of electrical power and a forced landing near ____”; “the insured’s facility sustained damage to ____”; “operations at ____ were suspended when the Federal Aviation Administration closed the airspace”]. The physical damage and losses known to date are [describe]. We are still assessing the full extent of the loss and will supplement this notice.
2. Information about the cause. [Choose and adapt:] - [Crew members / employees / witnesses] reported observing [describe in their words] at or near the time of the loss. [Insured] has reported the observation to [the FAA / the All-domain Anomaly Resolution Office / local law enforcement] [give report or case number if any]. - [Governmental authority] [closed the airspace / issued a temporary flight restriction / restricted access to the site / took custody of debris or equipment] on [date]. [Insured] has requested information about the reason for that action and will provide what it receives.
[Insured] does not yet know the cause of the loss. Nothing in this letter is an admission about the cause, and [Insured] reserves the right to supplement or correct this account as information develops.
3. Coverage. [Insured] believes the loss is covered under [identify insuring agreement(s), e.g., “the all-risks physical damage coverage” and “the business interruption coverage”]. [Insured] anticipates that questions may arise under the policy’s exclusions for [war, hostile or warlike action, acts of a sovereign power, or confiscation by governmental authority]. [Insured]’s position is that those exclusions do not apply. War and hostile-action exclusions have been read to require hostilities between sovereign or quasi-sovereign entities, and exclusions are construed narrowly against the insurer. Universal Cable Productions, LLC v. Atlantic Specialty Insurance Co., 929 F.3d 1143 (9th Cir. 2019); Pan American World Airways, Inc. v. Aetna Casualty & Surety Co., 505 F.2d 989 (2d Cir. 1974); Merck & Co. v. Ace American Insurance Co., 475 N.J. Super. 420 (App. Div. 2023), appeals dismissed, 256 N.J. 190 (2024). No sovereign has claimed responsibility for, or been identified as the cause of, this loss. If you intend to rely on any exclusion, please identify the exclusion and the facts on which you rely.
4. Requests. Please: (a) acknowledge receipt of this notice and assign a claim number; (b) identify the adjuster and any independent adjuster or expert retained; (c) state in writing whether you accept coverage, deny coverage, or reserve rights, and on what grounds; (d) provide a complete certified copy of the policy, including all endorsements and any exclusion forms; and (e) advise whether you contend any condition precedent (notice, proof of loss, cooperation, examination) has not been satisfied.
5. Preservation. [Insured] is preserving [list: damaged property, flight data and cockpit voice recorders, maintenance records, sensor data, photographs and video, communications with air traffic control, and witness contact information]. If [a governmental authority] has taken custody of any evidence, [Insured] has asked that authority to preserve it [see Form D4-1]. Please let us know if you wish to inspect any property before repairs. Absent your response within [10] business days, [Insured] will proceed with repairs and mitigation necessary to prevent further loss, after documenting the condition of the property.
6. Proof of loss. [Insured] will submit a sworn proof of loss within the time required by the policy, or within any extension you agree to in writing. Please confirm the deadline.
[Insured] reserves all rights under the policy and applicable law.
Sincerely,
[Name, title, contact]
cc: [Broker]; [Counsel]
