June 2012 Dec Page

Article of the Month

It was not long after the introduction of liability coverage on an occurrence basis that the problem over progressive losses and the trigger of coverage theories were born, along with a great deal of litigation. The litigation initially gained attention with pollution claims but construction claims are now taking the spotlight.

The main problem in this area for insurers is that where injury or damage is progressive, each policy during which injury or damage occurs is triggered. The dilemma faced by insurers has been how to enforce a per occurrence limit when a single occurrence results in injury or damage over multiple policy periods. The problem has been compounded by the fact that a number of courts have ruled the occurrence to be at the time of injury, and in cases involving progressive injury or damage, to hold for coverage over more than one policy period.

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