Creighton Page | Foley Hoag Key Takeaways: Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy period. Under a claims-made policy, the coverage is triggered if the claim against the… Continue reading Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
Tag: Claims-Made Insurance Coverage
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Joseph W. Gross | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy. President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., 2023 WL 5089317 (1st… Continue reading First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
No Coverage For Claims Made Outside Of Claims-Made Policy Period
Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Mallory Meaney | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy. Triyar Hosp. Mgmt. LLC v. QBE Specialty Ins. Co., 2023 WL 2372049 (C.D. Cal Jan. 17, 2023). The court… Continue reading Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy