Notice for Occurrence and Claims-Made Policies: Navigating Notice of Claim vs. Circumstance, Pre-Tender Costs and More

Resolving Disputes Over Multifaceted and Complex Notice Issues From Insurer and Policyholder Perspectives

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, June 25, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide insurance counsel with a review of the key differences between claims-made and occurrence policies with respect to providing 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 prior to notice being provided, and notice provisions with respect to interrelated claims. 

Description

Coverage counsel must understand the differences between occurrence and claim-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 and other related issues such as the insurer’s duty to reimburse pre-tender defense costs and notice provisions with respect to interrelated claims. The panel will also provide best practices for both the insured and insurer to protect rights and minimize coverage disputes.

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Outline

  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

Benefits

The panel will review these and other key 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?

Faculty

David Borovsky
David Borovsky

Partner
Meckler Bulger Tilson Marick & Pearson

Mr. Borovsky focuses his practice on representing insurers and providing coverage advice in a wide range issues for...  |  Read More

Jeffrey L. Schulman
Jeffrey L. Schulman

Partner
Dickstein Shapiro

Mr. Schulman’s practice focuses on representing corporate and commercial policyholders in a variety of...  |  Read More

Erica Villanueva
Erica Villanueva

Partner
Farella Braun + Martel

Ms. Villanueva advises policyholders seeking to maximize coverage under their insurance policies, and litigates...  |  Read More

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