Notice for Occurrence and Claims-Made Policies: Navigating Notice of Claim vs. Circumstance, Pre-Tender Costs
Resolving Disputes Over Multifaceted and Complex Notice Issues From Insurer and Policyholder Perspectives
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, March 31, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide insurance counsel with a review of the critical differences between claims-made and occurrence policies concerning notice of claims and failure to give notice or timely notice. The panel will discuss other key issues such as the insurer's duty to reimburse defense costs before the notice was provided and notice provisions for interrelated claims.
Mr. Merrill assists clients in obtaining insurance coverage for policyholders on catastrophic commercial claims. While he has extensive experience in latent or long-tail environmental, property damage and bodily injury claims, he also represents clients in connection with civil disputes involving cyber insurance coverage, D&O claims, large loss property and fire claims, insolvent insurance carriers, reinsurance, specialty risk lines, retrospective premiums and data security.
Mr. Harding's practice is concentrated in the areas of complex coverage litigation and advice, reinsurance and "bad faith" litigation. He has more than 20 years of experience in representing insurers on a national basis in connection with coverage disputes arising out of underlying environmental, asbestos, products, pharmaceutical, medical device, employment discrimination and other liabilities. Mr. Harding has handled numerous appeals in state and federal courts throughout the country involving the key legal issues that have been at the forefront of complex coverage litigation.
Mr. Schulman represents commercial and individual policyholders in complex insurance coverage matters including insurance broker liability; construction defect; product liability; director and officer; multimedia; asbestos; and first-party claims. He also handles a wide variety of substantial business/commercial litigation and contract disputes. His clients include individuals, retailers, product manufacturers, construction and real estate companies, and private equity companies.
Coverage counsel must understand the differences between occurrence and claims-made policies when it comes to providing the insurer notice of claims. While notice issues may be trickier for claims-made policies than occurrence-based policies, there are multifaceted and complex issues in occurrence-based policies.
In evaluating coverage in a claims-made insurance policy, counsel to the insured must first identify what constitutes a claim. The impact of late notice may well depend on the reporting requirements of the policy and whether or not the insurer asserting a late notice defense is subject to the notice-prejudice rule.
Another hotly disputed notice issue is the insured's right to recover pre-tender defense costs. Courts are divided on this issue. Also unclear is whether interrelated claims provisions obligate the insured to provide notice of subsequent claims or lawsuits.
Listen as our authoritative panel of insurance counsel guides you through pitfalls inherent in providing notice under both occurrence and claims-made policies. The panel will address other related issues, such as the insurer's duty to reimburse pre-tender defense costs and notice provisions concerning interrelated claims. The panel will also provide best practices for both the insured and insurer to protect rights and minimize coverage disputes.
- How notice issues differ between occurrence and claims-made policies
- Notice of circumstance and a notice of claim
- Sufficiency of a notice of circumstance
- Interrelated claims
- Pre-tender defense costs
The panel will review these and other vital questions:
- Does a demand or threat constitute a claim?
- When is the insurer responsible for pre-tender defense costs?
- How is the notice-prejudice rule applied in the context of claims-made policies?
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