The term "coverage coverage" means "what event must occur for potential coverage to commence under the terms of the insurance policy" and "what must occur within the insurance's valid date for the coverage potential to be triggered. & # 39; & [In Re Feature Realty Litig., 468 F. Supp.2d 1287, 1295, n.2 (E.D. Wash. 2006)]
After the California Supreme Court upheld a continuous trigger in Montrose Chemical Corp. v Admiral Ins. Co. (1
Therefore, the exact question is what result follows in the language of the insurances agreed upon by the parties. a "has been mostly used in cases where gradual release of pollutants and other environmental damage. After Montrose, the insurer revised its policies to use the language in order to "obviat [ing] the application of the" progressive injury-continuous trigger "formulated in Montrose." As a result, the defendant's policy states that property damage "that began before the date the insurance came into force is considered to have occurred in its entirety before and not during the term of the insurance." [Ins. Co. of Pa. v. Am. Safety Indem. Co., 32 Cal.App.5th 898, 244 Cal.Rptr.3d 310 (Cal. App., 2019)]
I King Cnty. v. Travelers Indem. Co. (W.D. Wash., 2019), the Louisiana Appeal Court ruled that allegations by a property owner that an environmental consultant failed to detect the presence of contaminants on its property did not trigger coverage under the consultant's liability. The court found that the "event" which gave rise to the claims against the insured took place years before the issuance of the insurances in question.
When an application is made for damage to property, it is essential that both the insurer and the insurer party claiming determine the date and time when the property was actually physically damaged. Claims should then only be made to the insurer about the risk (the one whose policy is in force) at the time when the physical damage occurred, not the one whose insurance applies at the time of the application.
The word "trigger", as a term of art, means the event that activates coverage under one or more insurance policies. The trigger for coverage issues arises when determining exactly what must happen within the policy's valid date to trigger coverage.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, bad faith insurance and insurance fraud almost equally for insurers and insurers. also as an arbitrator or mediator for insurance-related disputes.He practiced law in California for more than 44 years as an insurance coverage and attorney handling attorney and more than 52 years in the insurance industry.He is available at http://www.zalma.com and email@example.com
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
Barry Zalma has during the spent the last 52 years devoting 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 insurance companies and their claims staff to become professional insurance claims.
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