Triggering Liability for Continuous First-Party Property Loss Spanning Multiple Policy Periods

Determining the Appropriate Trigger to Maximize Coverage or Minimize Liability

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

Conducted on Wednesday, June 13, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide insurance counsel with a review and analysis of the issue of triggers in first-party property continuous damage claims, the various theories used by courts to determine which policy is triggered, and the evolving case law in this area.

Description

Continuous and progressive property damage losses most commonly arise in high stakes claims in connection with construction defects, environmental contamination, soil subsidence damage, and product liability losses. In such cases, the insured has often been covered by multiple policies over the period of loss.

In triggering coverage and allocating indemnity responsibility among successive insurers, courts have developed two dominant "trigger of coverage" theories to determine which insurers are liable for the loss.

The injury-in-fact theory holds that an insurer on the risk during some period of exposure is responsible for indemnification. The competing theory, the manifestation-of-damage theory, holds that the insurer on the risk at the time the damage manifested is responsible for the entire loss.

Listen as our authoritative panel of experienced practitioners guides you through the analysis of theories to trigger coverage and allocate indemnity responsibility among successive insurers in continuous damage claims.

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Outline

  1. Injury-in-fact trigger
  2. Manifestation-of-damage trigger
  3. Other variations of trigger theories

Benefits

The panel will review these and other key questions:

  • What events must take place within the policy's effective dates to trigger coverage?
  • How do the injury-in-fact and manifestation-of-damage trigger theories differ?
  • What other trigger rules have been applied in cases involving continuous loss?

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

Faculty

Rina Carmel
Rina Carmel
Senior Counsel
Musick Peeler

Her practice focuses on defending bad faith claims and other complex coverage litigation. She represents insurers and...  |  Read More

Tred R. Eyerly
Tred R. Eyerly
Atty
Damon Key Leong Kupchak Hastert

He has accumulated a wide variety of litigation skills, having practiced in Alaska, Commonwealth of the Northern...  |  Read More

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