Notice of Claims in Claims-Made Insurance Policies

Identifying Claims; Evaluating Whether and When to Report

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


Conducted on Wednesday, February 22, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide insurance counsel with a review of what constitutes claims in light of various policy provisions. The panel will offer best practices for deciding when and whether to provide notice and review the impact of late notice on coverage.

Description

In evaluating coverage in a claims-made insurance policy, the insured must first identify what constitutes a claim. Recent case law development on the definition of “claim” will impact decisions on providing notice to the insurer.

Once it is determined that a claim exists, practitioners must decide whether to provide notice of the claim to the insurer, and if so, the best time to provide notice. In making these decisions, practitioners must also consider the impact of late notice on coverage.

The impact of late notice may well depend on the reporting requirements of the policy and whether the insurer that asserts a late-notice defense is subject to the notice-prejudice rule.

Listen as our authoritative panel of insurance counsel guides you through pitfalls inherent in providing notice under claims-made policies. 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

I. Definition of claim
II. Impact of late notice on coverage
III. Best practices for deciding when or whether to give notice

Benefits

The panel will review these and other key questions:

  • Does a demand or threat constitute a claim?
  • What effect do "related" claims have on the scope of coverage?
  • What factors should the policyholder consider in deciding whether or when to give notice to the insurance company?
  • How is the notice-prejudice rule applied in the context of claims-made policies?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Eric G. Barber
Eric G. Barber

Atty
Perkins Coie

His insurance coverage practice includes representing policyholders in disputes with their insurance carriers under a...  |  Read More

Mark D. Villanueva
Mark D. Villanueva

Atty.
McCarter & English

He represents clients in a variety of complex commercial disputes, including insurance coverage issues, breach of...  |  Read More

Nancy R. Kornegay
Nancy R. Kornegay

Partner
Brown & Kornegay

Ms. Kornegay practices primarily in the areas of commercial litigation and insurance-policyholder representation....  |  Read More

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