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Part II The Bermuda Form in Detail, 6 The Occurrence First Reported Trigger

David Scorey, Richard Geddes, Chris Harris

From: The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance (2nd Edition)

David Scorey QC, Richard Geddes, Chris Harris

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 18 June 2024

Contracts and insurance

This chapter first compares Bermuda Form policies to other policies such as occurrence-based policies and claims made policies. It then turns to the Bermuda Form policy's ‘occurrence first reported’ regime. Under this policy, the policyholder has sole control and responsibility for linking the occurrence to the relevant policy, via its affirmative act of giving notice of the subject occurrence to the insurer. In order to determine coverage for an occurrence, one looks solely to the policy as it exists as at the time notice of that occurrence (as defined) is given to the insurer. Importantly, that does not necessarily mean that coverage is determined according to the policy as it existed at the beginning of the relevant policy period.

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