Scott Seaman | Insights for Insurers Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were introduced into the general liability insurance market in response to court rulings on the trigger of… Continue reading Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds
Tag: Claims-Made Insurance Coverage
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Elizabeth Fisher | Wiley Rein The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to comply with a clear condition precedent to coverage requiring the insurer’s written consent before agreeing… Continue reading No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Mary Weaver | Wiley Rein A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court held that no coverage was available under either of two claims-made policies… Continue reading Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Avoiding the Minefields of Claims-Made Insurance Coverage
L.D. Simmons | Insurance Recovery Blog | January 3, 2017 This is the first in a series of posts relating to what we will call the “minefields” of claims made insurance coverage. Fifty years ago, most insurers issued liability insurance policies on “occurrence” policy forms. As insurers expanded their coverage offerings for professional and executive… Continue reading Avoiding the Minefields of Claims-Made Insurance Coverage