Commercial General Liability Insurance Claims-Made Form (Chapters 3, 4 & 5 - Section 2) Overview of Chapters 3, 4 & 5 - Section 2

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1 Commercial General Liability Insurance ClaimsMade Form (Chapters 3, 4 & 5 Section 2) Overview of Chapters 3, 4 & 5 Section 2 I. Occurrence vs. ClaimsMade Form A. Occurrence form B. Claimsmade form C. Advantages and disadvantages of claimsmade form II. III. Insuring agreement Features of the ClaimsMade Form I. Occurrence vs. ClaimsMade Form A. Occurrence form Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. An accident is a loss causing event that is sudden, unforeseen, and unintentional. Bodily injury or property damage to a third party must occur during the policy period (occurrence is the coverage trigger). Claim can be made this year or some later year.

2 2. Legal theories of when harm occurs i. Manifestation theoryii. Exposure theoryiii. Tripletrigger theory BI occurs while a person is exposed to a hazardous substance, while the substance is in residence in the person following exposure (disease developing), and when the resulting disease manifest itself. 3. Problems resulting from occurrencetype coverage in latent injury cases B. Claimsmade form before 1986, some coverages were not subject to any aggregate limit, but only a per occurrence limit claimsmade policy in effect when the claim is made covers the claim (assuming the injury occurred after the retroactive date stated in the renewal policy).

3 C. Advantage and disadvantages of the claimsmade form Advantages: up to date policy limits by the end of the policy period, the insurer knows of all claims that may be payable under that policy 2. Disadvantages: if policy canceled, no coverage for claims after cancellation date, even for an injury that occurred during policy period (as a result, extended reporting periods are available for the insured) insurer might change the retroactive date upon each policy renewal

4 II. Insuring agreement claimsmade form is the same as occurrence form except: A. Coverage A Bodily Injury and Property Damage Liability 2. there must be an actual claim for damages by a third party first made during the policy period or any extended reporting period it is the filing of a claim for damages that activates coverage B. Coverage B Personal and Advertising Injury Liability before 1990 CGL, claimsmade trigger only applied to Coverage A. III. Features of the ClaimsMade Form A. Retroactive date (retro date) definition: the occurrence (BI, PD, PI or AI) must take place after this date and before the end of the policy period in order for coverage to apply. three choices: B. Limitations on advancing the retro date

5 insurer agrees that the retro date may only be advanced in the following cases: 2. insured changes insurers C. Potential coverage gaps (assumes no tail coverage, pure claimsmade ) 2. an insured s claimsmade policy is canceled by the insurer and the insured is unable to obtain new insurance 3. 4.

6 D. Extended reporting period (tail) definition: ** warning: tails do not lengthen the period during which occurrences may happen ** basic extended reporting period (BERP) automatic, no extra premium, claims made on occurrences between retro date and end of policy period, no new limits, no coverage if other subsequent insurance applies i) notice of occurrence and ii) notice of claim 2. supplemental extended reporting period (SERP) extra charge, up to a maximum of 200% of annual premium, 60 days after expiration to elect, restores the limits, excess over any other subsequent insurance that applies unlimited tail

7 E. Laser beam endorsement ( exclusion of specific accidents, products, work or locations ) placing the retroactive date concurrent with the new policy s inception would serve the purpose of excluding ALL injury and damage that occurred before the policy s inception 2. an alternative to excluding all prior occurrences is to exclude injury and damages (known or unknown) associated with SPECIFIC accidents, products, work or locations this permits the insurer to include an earlier retroactive date in the new claimsmade policy without providing coverage for the excluded risks F. Other insurance insurer must offer extended reporting period endorsement for excluded risks (does not provide any coverage for occurrences after the end of the expired policy s period) This insurance is excess over any other insurance that is effective prior to the beginning of the policy period and is an occurrencetype policy,

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