On October 28^th, I had the pleasure of taking part in a virtual discussion as part of the 2021 Northwest Insurance Law Conference. 

I joined James M. Davis of Perkins Cole LLP for the session “What Are Bermuda Policies?” — addressing the history of the Bermuda form general liability policy, the concept of the integrated occurrence, deductible/allocation challenges, law and forum issues. 

The annual, two-day event — hosted by The Seminar Group — was designed to provide practitioners and insurance professionals with an update on new developments affecting the insurance industry in the Pacific Northwest. 

Speaking about the Bermuda form gave us a chance to review a unique policy form that can make insurance recovery especially complex. 

In short, the form provides large product manufacturers with meaningful coverage while allowing insurers to limit their liability for occurrences that spanned multiple years. It gets its name from the beautiful island of Bermuda, where most of the insurers issuing the form are based.

At KCIC, we see — time and again — that when we consult with clients and their coverage counsel in situations that involve the Bermuda form, good data practices can be the difference in the results of a coverage dispute. And when those good data practices begin long before coverage action is taken, the policyholder is in a much better position to secure coverage.

To learn more, here are some past posts we’ve written on the topic:

Bermuda: Isle of Pink Sand and Integrated Occurrences - jointly authored by my colleague Elizabeth Hanke and me.

Bermuda Forms: Not for the Novice Policyholder - by Elizabeth Hanke.

We are always happy to discuss your current complex recovery efforts — or how to prepare for them in the future.