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The Trigger of Coverage/Property Damage
\\nThe term "trigger of coverage" means "what event must occur for potential coverage to commence under the terms of the insurance policy" and "what must take place within the policy\'s effective dates for the potential of coverage to be \'triggered.\'" [In Re Feature Realty Litig., 468 F. Supp.2d 1287, 1295, n.2 (E.D. Wash. 2006)]
\\n\\nIn order for there to be coverage under these policies, the property damage must have occurred during the policy period. The property damage was the contamination (physical injury) to the property, which was caused by previous owners and users of the site. GTL\\u2019s liability is hinged upon its failure to detect the contamination. Even if the property is not considered physically injured, property damage as defined by the policy includes \\u201c[l]oss of use of tangible property that is not physically injured.\\u201d However, that loss of use is deemed to occur at the time of the occurrence that caused it. That occurrence predated the policy by almost seven years. Accordingly, the property damage did not occur during the policy period, and coverage is unambiguously excluded. (Emphasis added.) Whenever a claim is made for damage to property it is essential that both the insurer and the party making the claim determine the date and time when the property was actually physically damaged. Claims should then be made only to the insurer on the risk (the one whose policy is in force) at the time the physical damage occurred not the one whose policy is in force at the time suit is filed. \\u201cWhile the term \\u2019trigger of coverage\\u2019 is not a term used in an insurance policy, it is, as the California Supreme Court said, a convenience used to describe that which, under the specific terms of an insurance policy, must happen in the policy period in order for the potential of coverage to arise. The issue is largely one of timing \\u2014 what must take place within the policy\'s effective dates for the potential of coverage to be \'triggered\'?\\u201d [State v. Continental, 55 Cal. 4th 186, 281 P.3d 1000 (2012) (quoting Montrose Chemical Corp. v. Admiral Ins. Co., 10 Cal. 4th 645, 655 n.2 (1995).] The word \\u201ctrigger\\u201d, as a term of art, means the event that activates coverage under one or more insurance policies. The trigger of coverage problem arises in determining exactly what must take place within the policy\\u2019s effective dates to trigger coverage. ZALMA OPINION Every claims person must be aware of the the trigger of coverage so that he or she can thoroughly investigate a property claim. Without knowledge of the various triggers of coverage and how the trigger applies to the fact of the loss being investigated the claims person will fail in his or her obligation to thoroughly investigate a claim and treat the insured fairly and in good faith.
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