American Association of Insurance Management Consultants

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Agency - Company Disputes

CONTINUITY AND PRIOR/PENDING LITIGATION EXCLUSIONS IN THE CLAIMS-MADE POLICY FORM

“Directors and officers liability policies have long been issued on a “pure claims-made” basis (a
phrase this writer first coined in 1990). That is, they were written with no prior act date (also
known as a retroactive date). As a result, wrongful acts of the directors and officers dating
back to corporate formation were covered as long as the claim was first made against the insured
during the policy term. To minimize the singular risk D&O insurers were taking (i.e.,
“what probability exists that a claim will be first made against the insured during the policy
term?”), they began using a “continuity date” and/or a “prior/pending litigation exclusionary”
date that was the same as the inception date of the first policy issued. The date the insured
first obtained coverage thus became known as the “first coverage date” so the “continuity
date” could be honored at renewal. This was reinforced by a warranty within the application
for coverage stating that the insured was or was not aware of facts, incidents, or circumstances
that could give rise to a claim in the future.”

All should use greater care handling underwriting information

Olie R. Jolstad

Olie Jolstad is an insurance expert with over 40 years of professional insurance experience in commercial and personal lines insurance claims handling, coverage analysis, managing general agent, and agent/broker procurement of insurance. Mr. Jolstad holds the Senior Claims Law Associate (SCLA) designation, as well as being a Fellow in the American College of Forensic Examiners…

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Craig Andrews

Craig Andrews is a Senior Consultant with Malecki Deimling Nielander & Associates, LLC.  Craig entered the property-casualty industry as a producer in an independent insurance agency in Defiance, Ohio in 1977.  A few months later, he established his own independent agency “from scratch”.  He operated the agency successfully until selling it in 1996 to join…

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Pauline Thomas

EXPERIENCE Agent / Broker / Producer Standard of care, underwriting, insurance policy coverage interpretation, claims, good faith, bad faith Property, liability, WC, inland & wet marine, commercial & personal lines, self-insurance, risk management Interpretation of clauses in lease agreements, construction, PEO & other contracts, additional insureds, certificates Help professionals & laypersons understand insurance & risk…

Michael Gay

Insurance Program Executive. Expert Witness, Insurance Educator, Risk Manager Insurance Program Executive… 30+ years of experience in property and casualty insurance program design, policy form drafting and analysis, underwriting, operations, and management of specialty programs. Expert Witness…litigation consulting in complex insurance coverage cases, underwriting practices, and agent/agency duties. Extensive knowledge of Best Practices for Insurers,…

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Akos Swierkiewicz

Akos Swierkiewicz has over 47 years of experience in property and casualty insurance and reinsurance underwriting, management, company startup, marketing and product research and development. He founded IRCOS, LLC in 2000 to provide property and casualty insurance and reinsurance consulting and outsourcing services, including company startup and runoff, arbitration, mediation and expert witness services, feasibility…

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