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Number of occurrences | Zalma on insurance



Watch the full video at https://youtu.be/S-gMSLPyp3k and at https://rumble.com/vnllfy-a-video-explaining-what-to-do – when-a-claim-includes-multiple-occurrences.html

CGL policies are written with recommendations that make the number of events very important, especially in cases of continued losses. Deductibles or self-insured retentions are charged based on the number of events or the number of claims. Insurance restrictions can apply individually per event, individually per loss, individually per claim or in total over a one-year period. The test applied is usually objective. [ Uniroyal, Inc. v. Home Insurance Company 707 F. Supp. 1368 (1988); Champion International Corporation v. Continental Casualty Company 546 F. 2d 502 (1976), Cargill, Inc. v. Liberty Mutual Insurance Company 488 F. Supp. 49 (1979) Affirmed 621 F. 2d 275 (1980); Mason v. Home Insurance Company 177 Ill. App. 3d 454, 532 N.E. 2d 526 (1988); 64 A.L.R. 4th 688.]

A trigger damage in fact for an underlying claim can be found as early as the first exposure to asbestos or silica, and can continue successively through the plaintiff's death or the date of application, whichever occurs. earlier. [ Danaher Corp. v. Travelers Indem . Co., 414 F.Supp.3d 436 (SDNY 2019)]

I Lombard v. Sewerage and Water Board of New Orleans 284 So.2d 905 (La. Its offspring have the courts in exposure cases applied the "effect" test as opposed to the "cause test" to determine the number [ Thebault V. American Home 2015-0800 (La. App. 4Cir) 4/20/16), 195 So . 3d 113.]

A common allocation method is called the "time at risk" method, where each insurer is responsible for the pro rata share of the time that the insurer's policy was in force during the entire time period during which the insured suffered damage. For example, Edison Co. Of New York, Inc. v. Allstate Ins. Co., 774 NE2d 687, 695 (NY 2002)] confirmed the trial court's distribution of loss through the "time-on-risk" method, while "does not exclude [ing] pro rata distribution between insurers of other methods." [19659005]


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, handling insurance claims, bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator in insurance-related disputes, practicing law in California for more than 44 years as an attorney for insurance coverage and claims management and more than 54 years in the insurance industry.

Subscribe to Excellence in Claims Handling at https: // barryzalma.substack.com/welcome.

He is available at http://www.zalma.com and zalma@zalma.com Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claimants to become professionals in insurance claims.

Go to training available at https://claimschool.com; articles at https://zalma.substack.com, the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos at https://www.rumble.com/zalma; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4


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