Oct. 24, 2002

Court Doesn't Address Standard Of Proof in Case of Lost Policy

Focus Column - Insurance Law - By Paul J. Killion and Kate Cutler - With increasing frequency, California insureds are turning to long-expired insurance contracts in an effort to obtain coverage for environmental liability and "long tail" torts. Coverage disputes involving policies issued 30 to 50 years before the first notice of claim are common. Often, the ancient contracts under which coverage is sought are missing or significantly incomplete.