Number of Occurrences Determination and Insurer Obligations State Law Survey

This survey addresses the number of occurrences determination and its impact on an insurer's obligations and an insured's recovery. The survey covers all 50 U.S. states and the District of Columbia. A number of occurrences issue arises when policy definitions of an occurrence are applied to certain facts, with the determination of the number of occurrences impacting the limits of liability from the insurer's perspective or limits of recovery for the insured. Nationally, courts have adopted two approaches for determining the number of occurrences. Under the effect test, number of occurrences is determined by examining the effect that an event had (i.e., how many individual claims or injuries resulted from it). Conversely, under the cause test, the number of occurrences is determined by examining the cause or causes of the damage. The same analysis can also dictate the number of deductibles or self-insured retentions that must be satisfied by an insured, which are often determined on a ...