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American Association of Insurance Management Consultants

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Coverage Opinions (Post Loss)

Damian J. Arguello

Risk management & insurance thought leader & influencer, law professor, coverage counsel, & insurance expert witness.

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.”

Charles C Hewitt

Chuck Hewitt is a veteran insurance claims executive with 45+ years of multi-line claim department experience and leadership at national and regional carriers. Particular strengths in coverage analysis, creation, and teaching; bad faith defense; technical and management training; claims management; cyber liability; employment practices liability; litigation management; customer relations; reinsurance; and runoff operations. Multiple appearances…

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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…

Derivative Suit Exposure From Officers And Directors

I do not truly understand the rationale in suing the company adjuster in a lawsuit against the Insurance Company, since he has no independent duties apart from those of the Insurance Company. However, Directors and Officers of corporations owe fiduciary duties to corporate stockholders and to the Corporate business entity itself.

What The Attorney Hired By The Insurance Company Is Not

Corporate Counsel is not properly the attorney to specifically respond for the Insurance Company to a suit against the Insurance Company.

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Steve Coombs

Mr. Coombs joined Risk Resources as president in 1992. Risk Resources is a risk management and commercial insurance consulting firm based in LaGrange Park, Illinois. Risk Resources does not sell insurance and provides consulting services on a fee-for-service basis. Common projects include risk management and insurance audits, insurance RFPs/proposal management, agent/broker RFQs, RFPs and selection,…

Michael Gay

Insurance Program Executive. Expert Witness. Insurance Educator. Risk Management. 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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Bill Wilson

Bill Wilson, CPCU, ARM, AIM, AAM is the founder and CEO of InsuranceCommentary.com. He is the former Assoc. VP of Research & Education at the Independent Insurance Agents & Brokers of America where he founded the Big “I” Virtual University. In addition to over 28 years serving independent insurance agents, he was formerly employeed for…

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