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
Recording of a 90-minute CLE webinar with Q&A
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.
- 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?
John T. Harding, Jr.
Lewis Brisbois Bisgaard & Smith
Mr. Harding's practice is concentrated in the areas of complex coverage litigation and advice, reinsurance and... | Read More
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.Close
Anthony W. Merrill
Snell & Wilmer
Mr. Merrill assists clients in obtaining insurance coverage for policyholders on catastrophic commercial claims. While... | Read More
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.Close
Jeffrey L. Schulman
Mr. Schulman represents commercial and individual policyholders in complex insurance coverage matters including... | Read More
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.Close