Bermuda Form: Retroactive Integrated Occurrences

Law360, New York (September 9, 2014, 10:52 AM EDT) -- Bermuda Form policies were designed to maintain the key features of traditional occurrence coverage, while attempting to eliminate what many insurers in the mid-1980s viewed as growing problems in the product and general liability insurance market — namely, the "stacking" of policy limits and the massive liabilities associated with long-tail claims under traditional occurrence policies. Insurers developed the Bermuda Form with certain safeguards, which permitted large product manufacturers and other big businesses to purchase product and general liability insurance at a time when the U.S. insurance market was reluctant to insure such risks. Such features included the use of larger deductibles (or self-insured retentions) prior to accessing coverage and the advent of "integrated" occurrence provisions....

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