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Certificate of Insurance Disclaimer…Not Bulletproof

…the COI does not/should not amend or change the policy in any way, explicitly
stating so in the form of a disclaimer. However, the disclaimer is proving not to be bulletproof,
at least in Washington.

Joseph M. Junfola, CPCU, SCLA, RPLU+, ARM, ARe, AIC-M, AU, AIS, ASLI, AIDA

My career in the property casualty insurance industry spans over four decades, during which I managed, directly or in a supervisory capacity, insurance claims.  For the last 27 years, I have specialized in long-term exposure, or continuous property damage/bodily injury/toxic tort claims on a national basis, in particular construction defect, product liability, and design professional…

Scott E. Bushnell

Mr. Bushnell is a Certified Public Accountant with over 20 years of experience providing Forensic Accounting services through national and global professional services firms. Know as the “numbers guy” his professional expertise covers Business Interruption Claims, Economic Damage Analysis, and Fraud Investigations. Mr. Bushnell has advised clients in mediation, arbitration and appraisal as a third…

A Review of the Modern Claims Made Form

“Since its creation, “claims made” wording’s use has expanded outside of the “profession” and professional liability realm, finding use in diverse liability coverages. But the roots of “claims made” wording, and its most common use still, is found in covering the exposures created by a “professional’s” activities. As seen by the list of true “professions,” professionals are individuals who provide a service to society which, if done poorly, could cause extreme or irreparable personal or financial harm. …

The expansion of claims made policy forms beyond “professions” caused the basic “claims made” concept to diverge and evolve into two distinct forms. One evolutionary branch commenced in professional liability coverages (known also as “errors and omissions” coverages in this series) and the second branch grew out of the financial services industry and the need for directors and officers liability protection, fiduciary liability and employment practices liability (referred throughout this series as “executive liability” coverages).

Although both branches attach to the tree at the same point; greatly different “claims made triggers” have resulted. Additionally, coverage terms, conditions and definitions differ between the two branches.”

The risks inherent in diminishing limit policies

“Diminishing limits policies create a host of potential problems for insurance company claim departments. As is well known the insurance industry has long been plagued with “nuisance” claims. While in some instances insurance companies make quick settlements of nuisance claims to avoid defense cost expenditures, in others, insurers will attempt to resist such claims to avoid setting a precedent, thereby sending a message to the plaintiff’s bar that nuisance claims will not be honored. Considering that defense costs are deducted from the policy’s aggregate limits, either course of action places an insurance company in a difficult position. … “

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 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…

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