Kirk Hartley Offers Commentary On My Post Regarding The Definition of Occurrence in Insurance Policies

Kirk Hartley, one of the prolific authors of GlobalTort, just posted “Commentary On The Definition of Occurrence in Insurance Policies – Another Reason GCs for Insureds Get Grey Hair Managing Legacy Claims,” in which he commented on my post, “Is Uncertainty Over the Meaning of “Occurrence” Susceptible to a Drafting Solution?”

Kirk says that it’s “[a]n interesting post,” the original and complete version of which is found over at the Adams Drafting blog, because Ken Adams, Adam Scales, and I address an issue that Kirk says will cause “[b]illions and soon trillions of dollars [to] change hands based on the meaning given or found by court’s deciding insurance coverage cases for underlying toxic tort cases.”

Kirk was kind enough to conclude that “[t]he following words from Scott are key:”

Although the term was designed to be a clarification of coverage, it comes as no surprise to someone who represents policyholders when claims have been denied that insurance companies would have courts believe that instead, “occurrence” was designed to support coverage denials or limitations. Insurance companies also are happy to argue conflicting interpretations of “occurrence,” depending on which interpretation will mean less coverage for the policyholder in the dispute at issue.”
Kirk, thanks very much for commenting on the post!  And for those of you with an interest in mass tort litigation questions, both in the national and international arenas, be sure to visit GlobalTort and add its feed to your news reader, as I’ve done.

myspace profile views counter

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Advertisements

2 comments

  • please send one copy of artical

  • Pingback: Physical Therapy Benefits for Back Pain | sci-stuff.org

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s