Possible Dangers Lurking In Claims-Made Policy Forms

Given the passage of time, one would think that all of the foreseeable problems claims-made policies can create would have been resolved. Such is not the case. In fact, the situation has gotten worse, to the point where a host of potential coverage gaps can now be found in just about any claims-made policy, irrespective of whether one is insuring directors and officers (D&O) liability, fiduciary liability, employment practice liability insurance (EPLI), professional liability, or any other liability exposure currently being written on a claims-made basis.