Category «Claims-Made Insurance»

Two Wrongs Can Make It Right

There are few things I hate more than seeing a policyholder forfeit coverage.  Most of my claims involve close calls, or unsettled or novel areas of the law.  Sometimes the claim is the type that is clearly covered, but the insurer refuses to provide coverage because it asserts the policyholder forfeited the coverage due to …

Insurer Loses Its Own Coverage Due to Earlier “Related Claim”

It has been a slow summer down in the swamp for Florida insurance law decisions.  It has been too hot to crank out opinions.  But now that fall is here and the mercury has dropped below 80, the decisions are starting to flow again.  A recent decision out of the Southern District of Florida, Direct …

Late Notice Under Claims Made Policy Confounds The Psychics

I have discussed before late notice issues under general liability policies.  The basic rule is that a policyholder needs to give its insurer notice “as soon as practicable” after a claim is made, which typically means within a few months.  Under an occurrence-based policy such as a Comprehensive General Liability policy, if the claim is reported …