| Occurrence or Claims Made General
Liability? |
| Should a claim be covered by a
policy that was in effect |
|
-at the time the incident occurred, or |
|
-at the time the claim was filed? |
Occurrence.
Usually, liability insurance has been based on the time of occurrence.
The policy in effect at the time of the incident is
responsible for handling any resulting claims. It does not matter
if you are no longer with the insurance company that provided the
coverage when the incident occured.
With this coverage, it is obviously vitally important
to keep good track of your policies.
Linking coverage to occurrences, however, does have
its downside. Unlike property claims, liability claims can be filed
years after the actual occurrence - years that don't necessarily take
into account inflation or today's the-sky's-the-limit attitude toward
legal awards.
As a result, the limits you originally purchased for
coverage may be too low for today. Moreover, time passage usually makes
the actual date of an incident difficult to pin down - and
responsibility for coverage that much more difficult to assign.
Claims-Made.
Claims-made insurance is another way to base liability coverage. With a
claims made policy, coverage is linked to the policy in force when
a claim is filed and reported. This reduces the tracking and
claim inflation problems that can occur with occurrence policies.
To limit the total risk to the insurance company,
claims-made policies do place some limits on when an incident had
occurred in order to qualify for coverage. Typically, claims-made
policies will cover incidents that occurred as long as seven years
before the policy began. They also normally provide coverage of claims
made shortly after the policy expires.
If a new claims-made policy refuses to extend coverage
to occurrences far in the past, you may need to purchase coverage from
your previous insurer. This is known as a supplemental ERP, or tail-end
coverage.
Tail-end coverage does not tend to be a very good deal
for a company, since the insurer typically knows you have nowhere else
to turn for coverage. It can, however, be used to fill gaps in coverage
that cannot be otherwise addressed. |