27 07, 2022

Waiver of Late Notice Defense in New York: Cementing the Difference Between Occurrence, Claims-Made, and Claims-Made-and-Reported Policies

By |2022-07-25T09:08:16-05:00July 27, 2022|@PLUS, Events, Guest Blog|0 Comments

Chiara Tondi Resta is an associate at Wiley Rein LLP in Washington, D.C. where she is a part of the firm’s Insurance Group.  She represents insurers in connection with coverage issues and disputes arising under various types of insurance policies, including General Liability, Directors & Officers, Professional Liability, and Cyber insurance policies.  She advises on the applicability of various policy exclusions and conditions, and represents insurers in coverage litigation on those issues.  Chiara earned her law degree from the University of Virginia School of Law. The Southern District of New York recently held that an insurer’s late-reporting defense is not [...]

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 [...]

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