Directors & Officers (and other) Policies Claims: Determining When to Provide “Notice of Circumstance” for COVID-19 Liabilities


CLE credits earned: 1 GENERAL Credit (WA 1 Law and Legal)

The right to submit a “Notice of Circumstances” is an important feature of Claims Made liability policies, affording policyholders the option to notify an insurer of circumstances that may give rise to a Claim before a Claim actually happens. The effect of a Notice of Circumstances is to that future Claim(s) arising from the circumstances described in the notice will relate back to the policy year in which notice was given. The decision whether or not to submit a Notice of Circumstances has taken on greater importance than ever in the current COVID-19 situation, due to the possibility that future years’ policies may be subject to virus or pandemic exclusions. Because of this possibility, businesses should seriously consider submitting Notice of Occurrences before their current policies expire, and if they fail to do so, they may be missing a critical opportunity.

Key topics to be discussed:

• Structure of Directors & Officers (and other) Policies
• How Notice Provisions Work Generally
• Potential for New Exclusions Relating to COVID-19
• Pros and Cons of Submitting a Notice of Circumstances at the Present Time
• Bonus Topic – Update on the Landscape for COVID-19 Business Interruption Claims

Date / Time: June 17, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

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SKU: N/A Categories: ,
Original Broadcast Date: June 17, 2020

Richard Milone has 29 years’ experience representing commercial policyholders in disputes with their insurers, and he has been ranked a top lawyer in the field by Chambers for the last eight consecutive years. He has served as the Chair of the Insurance Recovery practice at a major New York based law firm, and beginning in 2020, he formed Milone Law Firm PLLC, a Washington, D.C. boutique law firm devoted entirely to policyholder-side insurance matters.

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