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Batch Clause undre Products Liability

Posted: Fri Dec 02, 2011 3:52 am
by Porsh
I had one client who purchased products liability with Batch Clause Endorsement from A Insurance Company in 2009 then sufferred heavy loss becasue one batch product caused continuing fire damage to third party, as A is unwilling to renew this client, then B company become the new insurer in 2010, both policy trigger is occurrence basis.

Now, one loss ocurred in B policy period 2010, however, the loss reason is due to the same of accidents occurred in A policy period 2009, I have no idea which policy should be triggered? A or B?

Batch Clause Wording:

It is hereby declared and agreed that all claims made against the Insured and arising from the same cause shall be deemed as one accident and as having been made against the Insured during the Policy period in which the first claim was made against the Insured or the first notice given by the Insured to the Insurer to the effect that there would be such possibility of a claim being made against the Insured.

Re: Batch Clause undre Products Liability

Posted: Fri Dec 02, 2011 10:14 am
by Big Dog
Submit the claim to both insurance carriers and let them figure it out. That's their job.