Fred Fisher Archives

10 10, 2014

Three Keys to Picking the Best ‘Claims Made’ Form

By PLUS|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 [...]

‘Claims Made’ Coverage Tripped Up by the Trigger Language

By PLUS|2014-10-08T14:42:13-05:00October 9, 2014|E&O|1 Comment

This post is part 4 of a 5-part series authored by Fred Fisher. Check out the previous posts in this series here: Part 1 | Part 2 | Part 3. 'Claims Made' Coverage Tripped Up by the Trigger Language The Incident Reporting Provision Nearly all "claims made" forms allow the insured to report a fact or circumstance that will likely or may give rise to a claim at some point in the future. If the reported act or error does evolve into a claim at a later date, the insurer to whom the incident was first reported will treat the claim as [...]

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

By PLUS|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 [...]