The retroactive date serves to preclude coverage for incidents that the insured knows about and that might have the potential to give rise to future claims. The retroactive date serves to preclude coverage for incidents that the insured knows about and that might have the potential to give rise to future claims. (Photo: PENpics Studio/Shutterstock)

FC&S recently responded to a question from a subscriber regarding a policy for an insured who moved coverage from a claims-made basis to an occurrence form. Under the claims-made policy the insured had a retroactive date going back to 2002, but in the occurrence policy, while referencing a retroactive date of coverage, the retroactive date was shown on the declarations as the same date as the policy effective date: April 18, 2022. This is the first of a two-part series addressing the issues surrounding the differences in coverage. Part 2 of this series will appear on April 14, 2023.

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