Why isn't the 2003 claims made policy a choice, since the inury occured in 2002 & the claim was made in 2003?
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Marks: --/1
Assume, for each of the following, the insured had calendar year policies: occurrence policies in 2000 and 2001, claims-made policies in 2002 and 2003, both stating retroactive date 1-1-02. The insured retired from business and did not renew or replace the 2003 policy. If there is a BI or PD from a covered occurrence, which policy or policies (if any) apply for; "Claimant injured in 2002. Claim was first made against insured on 7-1-03?"
Choose one answer.
| a. The 2002 claims-made policy applies (occurrence after retroactive date, claim fist made during its term). | ||
| b. 2001 occurrence policy applies (occurrence form applies to BI/PD which occurs during the policy term). The 2002 claims-made policy does not apply because the occurrence happened before retroactive date. | ||
| c. The occurrence policy would still apply and the 2002 claims-made policy would also apply (with no retroactive date, it applies to claims for all prior occurrences if first made during its term) | ||
| d. All of the policies would apply |
Re: CGL question
by Jan Bradburn- - You always go back to the policy where the injury occured. Subsequent polcies tell you if there is coverage.