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Expert Analysis

Unreported Claims Do Not Always Jeopardize Coverage

By Shaun Crosner (March 16, 2018, 5:37 PM EDT) -- Claims-made liability insurers frequently deny coverage for lawsuits and arbitrations that they contend relate back to "claims" made prior to the policy period but were not reported by the insured in a timely fashion. Such positions are not always well-founded. In fact, as numerous courts have recognized, there are several circumstances in which an insured's failure to report a prior third-party communication, demand or proceeding will not jeopardize coverage for a lawsuit or arbitration filed in a subsequent policy period....

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