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Coverage Opinions (Pre 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.”

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Craig Andrews

Craig Andrews has served in multiple roles within the property-casualty insurance industry for over 43 years.   He brings to each expert witness and consulting engagement significant experience in both the insurer and agency sectors of the insurance industry.  He has a record of success as an independent insurance agent, a commercial insurance underwriter, the manager…

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,…

Danette Leonhardi

Ms. Leonhardi is a highly accomplished claim professional with proven success in both insurance and reinsurance claim management. Presently, she owns and operates two claim management services: Puget Sound Claim Consulting (PSCC) and Puget Sound Risk & Insurance Consulting (PSRIC), both based in Seattle, Washington. Ms. Leonhardi provides expert witness testimony on claim handling industry…

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David Mandt

Dave has been retained in over 150 cases as a consulting or testifying expert on insurance claim handling standards and practices in both state and federal courts in a variety of jurisdictions, both at deposition and trial. He has been qualified to testify in Washington and Oregon state courts and the United States District Courts…

Areas of Expertise