Jenner & Block

"The 'Same, Related, or Interrelated' Acts or Claims Provision: Insurers' Efforts to Expand the Reasonable Application of Such Provisions to Deny or Otherwise Limit Coverage under Claims-Made Policies," Environmental Claims Journal, Volume 23, Issue 2

In this article, Jenner & Block Partner Matthew L. Jacobs and Associate Brian S. Scarbrough discuss language in claims-made insurance policies regarding the treatment of the same, related, or interrelated acts or claims in the context of its effect on the number of policy limits and retentions available for a claim as well as the timing of when a claim is deemed made. They provide a sample of the types of language that may appear, and examine case law regarding such language, both as to how courts have construed the ambiguity or nonambiguity of such language and what effect courts have given such language. The authors then provide a summary of the disparate case law from a policyholder perspective, offering several guiding principles that emerge and can assist a policyholder faced with the same, related, or interrelated acts or claims language.