Reconstructing Coverage Under Missing Policies: Sources of Evidence, Burdens of Proof, Scope of Coverage

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This CLE webinar will discuss why locating and evaluating coverage under old insurance policies has become a strategic imperative and the evidentiary requirements for proving or denying coverage when the terms of an insurance policy are missing.

Long-tail claims for continuous or repeated injury may be covered under policies even if the express coverage periods have expired because of new theories of liability and the trend towards reviving dormant claims or redefining the discovery rule, such as for childhood sexual abuse.

Decades-old policies go missing because policyholders and insurers have ceased to exist, downsized, merged, relocated, or even experienced physical catastrophes.

Counsel for either the insured or insurer must understand what type of evidence is sufficient to prove or deny coverage, as well as the burdens of proof and which party has them.

Listen as this experienced panel discusses how to locate and evaluate coverage under old insurance policies.