In the realm of insurance coverage litigation, whether two or
more claims filed in different time periods constitute interrelated
claims is an often litigated issue that can be critical to
determining whether the claims are covered as well as the available
policy limits and applicable retentions.
Under the terms of typical claims-made directors' and
officers' (D&O) and professional liability insurance
policies, multiple claims that arise out of interrelated wrongful
acts are treated as a single claim deemed to have been first made
at the time the first of the claims was made against the
insured.
Such claims will be adjusted as a single claim under the
insurance policy in effect when the first claim was made and the
terms of that policy will govern with respect to the scope of
coverage, exclusions, limits and retentions.
