Number of Occurrences in Insurance Liability Claims: Maximizing Coverage or Limiting Liability Exposure

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

Conducted on Thursday, May 18, 2017
Recorded event now available

This CLE webinar will provide insurance counsel with an analysis of key factors that determine an “occurrence” in liability policies. The panel will outline potential arguments on the number of occurrences from both policyholder and insurer perspectives and discuss key case law developments from jurisdictions throughout the United States across various claims types.


Identifying the number of occurrences is one of the most confusing and complex coverage issues. It is likely to be a central and determining factor in the amount of insurance proceeds available to the policyholder.

The occurrence issue has gained prominence in recent years as coverage litigation has become increasingly focused on indemnity issues, along with an erosion of underlying layers of coverage. Moreover, the trend in CGL policies for higher per occurrence self-insured retentions brings this issue to the forefront.

Our panelists will review and analyze recent litigation to provide a practical context for understanding the complexities of occurrence-based claims.

Listen as our authoritative panel of insurance practitioners demystifies the complexities surrounding the issue of occurrences in liability claims, reviews policyholder and insurer perspectives on resolving disputes, and outlines key case law developments.


  1. Policy language interpretation
  2. Measuring occurrences
  3. External factors affecting the occurrence determination
  4. Case law application in key claims types


The panel will review these and other key issues:

  • Do independent causes always equal separate occurrences?
  • What is the dual policy role of occurrence in CGL or excess policies?
  • What is the significance of non-cumulation clauses?
  • What tests are used to measure occurrences?


John T. Harding, Jr., Partner
Lewis Brisbois Bisgaard & Smith, Boston

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.

Jerold Oshinsky, Partner
Kasowitz Benson Torres & Friedman, Los Angeles

Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts throughout the U.S. on behalf of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. He litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. Mr. Oshinsky also advises clients about how to maximize their insurance assets, and he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Program Materials

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Program Materials

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Customer Reviews

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Carlsmith Ball

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Insurance Law Advisory Board

John Broghammer


Greve Clifford Wengel & Paras

Tred Eyerly


Damon Key Leong Kupchak Hastert

John D. Green


Farella Braun + Martel

Alan P. Jacobus

Lafayette & Kumagai

William E. Kelley, Jr.


Drewry Simmons Vornehm

William O. Krekstein


Timoney Knox

Jay M. Levin

Principal and Chair of the Insurance Recovery Practice

Offit Kurman

Peter J. Mintzer


Selman Breitman

Barry S. Neuman


Whiteford Taylor Preston

Andrew G. Wanger


Clyde & Co.

Britton D. Weimer


Weimer & Weeding

Sandra I. Weishart


Hinshaw & Culbertson

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