The Trigger of Coverage/Property Damage

Published: Aug. 11, 2021, 1:16 p.m.

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Explaining "Trigger" of Property Damage Coverage   

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https://zalma.com/blog 

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The 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)]  After the California Supreme Court adopted a continuous trigger in  Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, 685,  42 Cal.Rptr.2d 324, 913 P.2d 878 (Montrose) in the case of successive  policies, property damage that is continuous or progressively  deteriorating throughout several policy periods is potentially covered  by all policies in effect during those periods, so that the insurer\\u2019s  duty to defend arose under those policies. Insurers, trying to limit  their coverage, revised the policy wording.  Therefore, the precise question is what result follows under the  language of the policies of insurance to which the parties agreed. The  \\u201ccontinuous injury\\u201d trigger has been applied mostly in cases involving  gradual release of pollutants and other environmental harms. After  Montrose, the insurer revised its policies to use the language for the  very purpose of "obviat[ing] the application of the \\u2018progressive  damage-continuous trigger\\u2019 articulated in Montrose." As a result, the  defendant\\u2019s policies state that property damage "which commenced prior  to the effective date of this insurance will be deemed to have happened  in its entirety prior to, and not during, the term of this insurance."  [Ins. Co. of Pa. v. Am. Safety Indem. Co., 32 Cal.App.5th 898, 244  Cal.Rptr.3d 310 (Cal. App., 2019)]

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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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