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Coverage Opinions (Post Loss)
Damian is an insurance coverage attorney, expert witness, and former adjunct law professor whose legal practice focuses on representing and counseling commercial policyholders, business and trial attorneys, and insurance agents and brokers regarding insurance issues. In his consulting and expert witness practice, Damian also draws from his pre-law school experience as a claims adjuster for…
“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.”
Corporate Counsel is not properly the attorney to specifically respond for the Insurance Company to a suit against the Insurance Company.
An interpreter of “insurance-ese” assisting others in understanding insurance policies, procedures, and practices of the industry. Expert Witness/Litigation Consultant in P&C coverages and Agent/Broker “Best Practices”. Four decades of insurance program development in the specialty P&C insurance space. Skilled in the identification, analysis, evaluation, and treatment of complex risk and loss exposures. Insurance Educator for…
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…
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…
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…
Jennifer Walker is the founding member of the Walker Law Firm, LLC. (Iowa), the Law Office of Jennifer Walker, LLC. (Georgia) and Walker Risk Consulting, LLC. (Iowa). Jennifer was admitted to the Georgia State Bar in 2014 after a 30 year career in the insurance industry. She was admitted to the Iowa State Bar in…
