8 11, 2017

Prior Knowledge: A Critically Important Tenet of Claims-Made Policies

By |2017-11-08T14:15:30-06:00November 8, 2017|@PLUS, Guest Blog|0 Comments

In advance of next week's PLUS webinar, Prior Knowledge and Understanding the Circumstance and Claim Reporting Provisions (register here), check out this guest post from Brian F. Satkowski, J.D. from BerkleyConstruction Professional, a Berkley Company. Enjoy the post, and don't forget to register for the webinar on 11/15. Prior notice is a critically important tenet of claims-made policies. Misunderstandings between brokers and insureds could potentially result in a tacit waiver of coverage and carriers even justifiably denying the duty to defend a circumstance or claim that should otherwise have been covered. Because we live in a hyper-litigious society, the duty to defend [...]

10 10, 2014

Three Keys to Picking the Best ‘Claims Made’ Form

By |2014-10-10T08:32:16-05:00October 10, 2014|E&O|0 Comments

This is the final post in a 5-part series authored by Fred Fisher. Check out the previous posts in this series here: Part 1  |  Part 2  |  Part 3  |  Part 4. Three Keys to Picking the Best 'Claims Made' Form Over the last week the "claims made" policy has been dissected, revealing its inner workings. But before moving on to the keys for choosing the best "claims made" policy form, the heart of the "claims made" policy must be explored: the definition of a "claim." The Definition of "Claim" Scrambles Everything Defining a "claim" in the context of a "claims [...]

8 10, 2014

The Prior and Pending Litigation Exclusion’s Convergence into Professional Liability Policies

By |2014-10-07T14:52:19-05:00October 8, 2014|E&O|3 Comments

This post is part 3 of a 5-part series authored by Fred Fisher. Check out the previous posts in this series here: Part 1  |  Part 2. The Prior and Pending Litigation Exclusion's Convergence into Professional Liability Policies No one knows exactly when, but at some point, some senior executive liability underwriter must have moved to an errors and omissions division and discovered the professional liability policy contained no "continuity date" limitation. Errors and omissions underwriters soon began using the prior and pending litigation exclusion by endorsing the language onto the policy or inserting it into the policy's exclusion section. The most [...]

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