Notice for Occurrence and Claims-Made Policies: Navigating Notice of Claim vs. Circumstance, Pre-Tender Costs

Coverage counsel must understand the differences between occurrence and claims-made policies when it comes to providing the insurer notice of claims. While notice issues may be trickier for claims-made policies than occurrence-based policies, there are multifaceted and complex issues in occurrence-based policies.

In evaluating coverage in a claims-made insurance policy, counsel to the insured must first identify what constitutes a claim. The impact of late notice may well depend on the reporting requirements of the policy and whether or not the insurer asserting a late notice defense is subject to the notice-prejudice rule.

Another hotly disputed notice issue is the insured's right to recover pre-tender defense costs. Courts are divided on this issue. Also unclear is whether interrelated claims provisions obligate the insured to provide notice of subsequent claims or lawsuits.

Listen as our authoritative panel of insurance counsel guides you through pitfalls inherent in providing notice under both occurrence and claims-made policies. The panel will address other related issues, such as the insurer's duty to reimburse pre-tender defense costs and notice provisions concerning interrelated claims. The panel will also provide best practices for both the insured and insurer to protect rights and minimize coverage disputes.

1. How notice issues differ between occurrence and claims-made policies
2. Notice of circumstance and a notice of claim
3. Sufficiency of a notice of circumstance
4. Interrelated claims
5. Pre-tender defense costs

The panel will review these and other vital questions:

• Does a demand or threat constitute a claim?
• When is the insurer responsible for pre-tender defense costs?
• How is the notice-prejudice rule applied in the context of claims-made policies?