Number of Occurrences

Published: Oct. 12, 2021, 3:57 p.m.

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A Video Explaining What to Do When a Claim Includes Multiple Occurrences 

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https://zalma.com/blog

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CGL policies are written with endorsements that make the number of  occurrences highly important, especially in continuing loss cases.  deductibles or self-insured retentions are charged based on the number  of occurrences or the number of claims. policy limits can apply  individually per occurrence, individually per loss, individually per  claim, or in the aggregate over a one year period. 

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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 triggering injury in fact for an underlying claim may be found as  early as the time of first exposure to asbestos or silica, and may  continue progressively through the claimant\'s death or the date of  filing the claim, whichever occurs earlier. [Danaher Corp. v. Travelers  Indem. Co., 414 F.Supp.3d 436 (S.D. N.Y. 2019)]  In Lombard v. Sewerage and Water Board of New Orleans, 284 So.2d 905  (La.1973) and its progeny, the courts in exposure cases have applied the  \\u201ceffect\\u201d test as opposed to the \\u201ccause\\u201d test in determining the number  of [Thebault V. American Home, 2015-0800 (La. App. 4Cir. 4/20/16), 195  So. 3d 113.]  A common method of allocation is referred to as the "time on the risk"  method, whereby each insurer is responsible for the pro rata percentage  of time the insurer\'s policy was in effect over the course of the full  time period over which loss was sustained by the insured. For example,  Edison Co. Of New York, Inc. v. Allstate Ins. Co., 774 N.E.2d 687, 695  (N.Y. 2002)] affirmed the trial court allocation of loss through  "time-on-the-risk" method, while "not foreclos[ing] pro rata allocation  among insurers by other methods."     

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\\xa9 2021 \\u2013 Barry Zalma

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