Section 10.23 Claims-Made Form
Library | Insurance Practice 2015 |
As an alternative to the occurrence basis form, the commercial general liability (CGL) policy also offers a claims-made form. The claims-made CGL policy form has seen only limited use since its introduction. Claims-made professional liability policies have been in use for years and are quite common. The claims-made form differs from the occurrence form only with respect to their coverage “triggers.” Under the claims-made form, both Coverage A and Coverage B are subject to claims-made triggers:
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
. . .
b. This insurance applies to “bodily injury” and “property damage” only if:
(1) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”;
(2) The “bodily injury” or “property damage” did not occur before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and
(3) A claim for damages because of the “bodily injury” or “property damage” is first made against any insured, in accordance with Paragraph c. below, during the policy period or any Extended Reporting Period we provide under Section V—Extended Reporting Periods.
c. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times:
(1) When notice of such claim is received and recorded by any insured or by us, whichever comes first; or
(2) When we make settlement in accordance with Paragraph 1.a. above.
All claims for damages because of “bodily injury” to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time from the “bodily injury”, will be deemed to have been made at the time the first of those claims is made against any insured.
. . .
COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY
1. Insuring Agreement
. . .
b. This insurance applies to ?personal and advertising injury? caused by an offense arising out of your business, but only if:
(1) The offense was committed in the “coverage territory”;
(2) The offense was not committed before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and
(3) A claim for damages because of the “personal and advertising injury” is first made against any insured, in accordance with Paragraph c. below, during the policy period or any Extended Reporting Period we provide under Section V—Extended Reporting Periods.
c...
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- Section 10.1 Introduction
- Section 10.2 Scope of Coverage—Commercial General Liability Coverage Form
- Section 10.3 Duty to Defend
- Section 10.4 Coverage A—Bodily Injury and Property Damage Caused by an Occurrence
- Section 10.5 During the Policy Period
- Section 10.6 Bodily Injury
- Section 10.7 Property Damage Liability
- Section 10.8 Exclusion a—Injury Expected or Intended
- Section 10.9 Exclusion b—Contractual Liability Exclusion
- Section 10.10 Exclusion c—Liquor Liability Exclusion
- Section 10.11 Exclusions d and e—Workers’ Compensation and Injury to Employee
- Section 10.12 Exclusion f—Pollution Exclusion
- Section 10.13 Exclusion g—Auto, Aircraft, and Watercraft Exclusion
- Section 10.14 Exclusion j—Damage to Property
- Section 10.15 Exclusion k—Damage to Your Product
- Section 10.16 Exclusion l—Damage to Your Work
- Section 10.17 Exclusion m—Damage to Impaired Property or Property Not Physically Injured
- Section 10.18 Exclusion n—Recall of Products, Work, or Impaired Property
- Section 10.19 Generally
- Section 10.19A Exclusions p and q—Distribution of Material in Violation of Statutes (New Section)
- Section 10.20 Coverage B—Personal and Advertising Injury Liability
- Section 10.21 Section II—Who Is an Insured
- Section 10.22 Duties of the Insured
- Section 10.23 Claims-Made Form
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