Partners Susan J. Field and Jennifer Kokes obtain unanimous arbitration opinion in favor of insurer client on “related claims” issue in “Claims-Made” Policy

“The case before the panel involved an insured who was subject to OSHA Citations and penalties relating to a fatal workplace accident that were issued before the insurer’s policy incepted. Two years later and during the policy period, a criminal lawsuit relating to the fatal accident was instituted against the insured and reported to the insurer who denied coverage.

Since the OSHA Citations were issued prior to the policy period, the panel held that there was no coverage under the Policy and the insurer owed no duty to defend or indemnify the insured in connection with the criminal lawsuit.”