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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 31, 2020

Recorded event now available

or call 1-800-926-7926

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.


Coverage counsel must understand the differences between occurrence and claims-made policies when it comes to providing the insurer notice of claims. While notice issues may be trickier for claims-made policies than occurrence-based policies, there are multifaceted and complex issues in occurrence-based policies.

In evaluating coverage in a claims-made insurance policy, counsel to the insured must first identify what constitutes a claim. The impact of late notice may well depend on the reporting requirements of the policy and whether or not the insurer asserting a late notice defense is subject to the notice-prejudice rule.

Another hotly disputed notice issue is the insured's right to recover pre-tender defense costs. Courts are divided on this issue. Also unclear is whether interrelated claims provisions obligate the insured to provide notice of subsequent claims or lawsuits.

Listen as our authoritative panel of insurance counsel guides you through pitfalls inherent in providing notice under both occurrence and claims-made policies. The panel will address other related issues, such as the insurer's duty to reimburse pre-tender defense costs and notice provisions concerning interrelated claims. The panel will also provide best practices for both the insured and insurer to protect rights and minimize coverage disputes.



  1. How notice issues differ between occurrence and claims-made policies
  2. Notice of circumstance and a notice of claim
  3. Sufficiency of a notice of circumstance
  4. Interrelated claims
  5. 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?


Harding, John
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

Merrill, Anthony
Anthony W. Merrill

Snell & Wilmer

Mr. Merrill assists clients in obtaining insurance coverage for policyholders on catastrophic commercial claims. While...  |  Read More

Schulman, Jeffrey
Jeffrey L. Schulman


Mr. Schulman represents commercial and individual policyholders in complex insurance coverage matters including...  |  Read More

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