Number of Occurrences: Insurance Coverage and Continuing-Exposure Claims, Impact of Discovery v. NFL
Key Factors That Determine an "Occurrence," Policyholder and Insurer Perspectives, Recent Case Law Developments
About the Course
Introduction
This CLE course will provide insurance counsel with updated guidance on the issue of occurrences in the context of liability claims involving continuing exposure. The panel will discuss the factors used to determine an occurrence, analyze changes in policyholder and insurer motives and strategies for resolving disputes, consider the impact of insurer vs. insurer disputes, and evaluate significant case law developments that may alter traditional assumptions on these issues.
Description
Determining the number of occurrences is often the central issue in coverage disputes involving continuing exposure or long-tail injuries and likely determines the amount of coverage available for the policyholder. Insurers and policyholders have a litany of motives and strategies when arguing in favor of or against single or multiple occurrences, and these change depending on the preferred outcome in a given case. Insurers in particular are careful about how a preferred position in one case may affect the outcome in others.
Determining the number of occurrences has only become more complex and confusing with the explosion of mass torts. Disputes about the number of occurrences increasingly involve multiple and excess carriers in the policyholder's insurance program. Expected insurer or policyholder positions can be reversed in what may appear to be similar fact patterns and produce entirely different results, such as Discovery Property & Casualty Co. v. National Football League, ___ N.Y.S.3d ___ (1st Dep't Oct. 1, 2026), and Church of Jesus Christ of Latter-Day Saints v. National Union Fire Ins. Co. of Pittsburg, Case No. 25-4049, ___ F.4th ___ (10th Cir. July 28, 2026).
Listen as our esteemed panel of insurance practitioners analyzes the key factors that determine an "occurrence" in liability policies, reviews policyholder and insurer arguments, and discusses the most recent case law developments that may change the way practitioners approach this issue.
Presented By
Mr. Kronstadt focuses on high-stakes litigation in state and federal courts across the United States. He has deep experience in the media and entertainment industry and with insurance coverage and commercial litigation, providing a multidisciplinary wealth of knowledge from which to creatively approach any complex dispute. Mr. Kronstadt has significant experience in all aspects of litigation, from discovery to depositions, trial, and appellate work. He also routinely advises insurance policyholders regarding insurance coverage matters and assists policyholders in recovering benefits and proceeds from insurance carriers.
Mr. Polster represents clients in complex commercial litigation, with a particular focus on insurance and reinsurance disputes. He tries high-stakes cases in court and before arbitral tribunals. Mr. Polster also regularly counsels insurers on strategic concerns and coverage issues and is experienced in handling complex actuarial disputes. His recent work highlights include: Travelers in connection with coverage litigation arising from the opioid crisis, including in multiple trial and appellate court wins; insurer in connection with its portfolio of child victims’ act claims across multiple states; Beazley in winning dismissal of claims related to alleged biometric privacy violations and other alleged data breaches; multiple insurers in receivership-related litigations in South Carolina and Delaware courts and federal bankruptcy court; Brighthouse Life Insurance Company in putative class action litigations related to universal life insurance policies; private family siblings and family businesses in wins at trial before the Delaware Court of Chancery and Connecticut Supreme Court; insurers and reinsurers in multiple confidential arbitrations, including regarding long-term care insurance, reinsurance trust disputes, and casualty insurance coverage disputes; Certain Underwriters at Lloyd's, London and certain London market insurance companies in a complex, multi-jurisdictional dispute concerning asbestos liabilities; and Genesee & Wyoming in winning arbitrations over commercial contracts valued at hundreds of millions of dollars related to the company’s railroad transportation business.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Thursday, December 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Policy language interpretation
II. Measuring occurrences
III. External factors affecting the occurrence determination
IV. Case law application in key claims types
The panel will review these and other key issues:
- How can policy ambiguity determine the difference between coverage and no coverage?
- What is the relationship between accidents and occurrences?
- What tests are used to measure occurrences?
Related Courses
Number of Occurrences: Insurance Coverage and Continuing-Exposure Claims, Impact of Discovery v. NFL
Thursday, December 17, 2026
1:00 PM ET/10:00 AM PT
