An oft-recurring issue in insurance coverage disputes is the application of the “related claims” provision in claims-made policies—policies that provide coverage for claims, such as receipt of a demand letter or service of a lawsuit, against an insured company that are “first made” during the policy period. Since professional liability insurance (also called errors and omissions insurance or E&O) and directors and officers insurance (D&O) are critical insurance for many companies and typically claims-made policies, companies should be familiar with the “related claims” provision, common arguments made by insurers about this provision, and current case law.

Generally speaking, a “related claims” provision provides that all “related claims” shall be treated as a single “claim,” deemed first made at the time the earliest claim was made. These provisions can play a pivotal role in the amount of coverage available for a given claim or claim(s) and can determine whether “claims” trigger multiple policy years or instead, whether those “claims” trigger only a single policy year.