A contractor had a CGL occurrence policy with Insurer A last year and switched to Insurer B, also on an occurrence form, this year. A customer injured on a job last year sues this year. Which insurer's policy responds?
Show answer & explanation
Answer: C
Insurer B's policy, in force when the claim was made: This applies a claims-made trigger to occurrence policies.
Both policies, sharing the loss pro rata: Only the policy in force when the bodily injury occurred is triggered here.
Insurer A's policy, in force when the injury occurred: Correct. An occurrence form covers bodily injury that occurs during its policy period, no matter when the claim is made.
Neither, unless a tail was bought on Insurer A's policy: Extended reporting (tail) coverage is a claims-made concept; occurrence coverage needs no tail.
Occurrence policies are triggered by when the injury or damage happens; claims-made policies by when the claim is made.