The continuous trigger theory, also known as the triple trigger theory, provides that the injury occurs continuously from exposure until manifestation. S. Wettick, is a detailed discussion of whether, in asbestos cases, the continuous-trigger coverage theory in Pennsylvania, first adopted in JH France v.Allstate, 534 pa. 29 (1993), remains good The continuous trigger theory is a legal fiction permitting the law to posit that many repeated small events occurring over a period of decades are actually only one ongoing occurrence. France mandates the use of a continuous trigger theory in a claim for covera ge by a building contra ctor. While there have been multiple Appellate Division decisions addressing the continuous trigger theory in construction defect cases, the PMA 2013 N.J. Lexis 847. The Vanderbilt court adopted the continuous trigger theory of coverage for long-tail claims as Connecticut law. Accordingly, we adopt a continuous trigger theory but modify it as discussed below. Div. The Appellate Division addressed the continuous-trigger theory utilized in the seminal case of Owens-Illinois, Inc. v. United Insurance Co., 650 A.2d 97 (N.J. 1994), in which The insurers On appeal, Chubb argued that the manifest trigger theory applied. The continuous trigger theory holds that an occurrence occurs under an insurance policy each time damage accrues over a continuous period of time, from exposure to manifestation. Cypress Point, at *12. Exposure trigger theory often applies to injuries that manifest over time, such as those caused by breathing in harmful chemicals. It may take years for the injury to appear, but courts may consider the original period of the exposure (e.g. when the injured party was first exposed to the chemicals). The case involved several issues of first impression in Connecticut and one issue believed to be an issue of first impression in the nation, involving an occupational disease exclusion. The underlying complaint alleged that the negligent act was the installation, but that When a property owner claims damages due to defective construction, the first step for a contractor is to notify its commercial general liability (CGL) insurance carrier for coverage. the proposition that J.H. at 106. United States: Connecticut Court Adopts Continuous Trigger Theory And The Unavailability-Of-Coverage Rule For Long-Tail Claims Co. v. Hartford Accident & Indemnity LEXIS 144 (App. While only a non-binding trial court decision, the much publicized case of North River Insurance v. Mine Safety Appliances, et al., GD-10-7432, Allegheny County, PA, Hon. A few days later Aristone and the school settled for a total of $700,000. Continuous trigger theory states that a combination of trigger types manifestation, exposure, and injury-in-fact leads to an injury that develops over time. This type of trigger is used to ensure that the insurance companys obligations are not diluted. See Cypress Point Condominium Ass'n v. Selective Way Ins. Co., HUD-L-936-14, 2015 WL 1515944 (Law Div. Mar. 30, 2015). The Air Master decision confirms that a continuous trigger theory will be applied to allegations of continuing property damage over a period of time in the construction defect context. 4) Coverage triggered at the time of an injury-in-fact. October The continuous trigger was born out of a legal fiction. The continuous trigger has also been referred to as the multiple trigger or triple trigger. Div. At least one court has said as much. The court reasoned that continuous trigger best reflects current understanding that the body is continuously injured by the presence of asbestos and the ongoing progression of disease, from Continuous trigger theory states that a combination of trigger types manifestation, exposure, and injury-in-fact leads to an injury that develops over time. Continuous trigger. This K&L Gates LLP on 4/26/2017 In a significant decision for Pennsylvania insurance law, the Pennsylvania Commonwealth Court has ruled that a continuous trigger of coverage The continuous trigger theory, also known as the triple trigger theory, provides that the injury occurs continuously from exposure until manifestation. As referenced, notwithstanding injury-in-fact triggers, there are three extra coverage triggers. The case involved several issues of first impression in Connecticut and one issue believed to be an issue of first impression in the nation, involving an occupational disease exclusion. Types of Coverage Triggers. There are at least four trigger theories exist throughout the various jurisdictions: Manifestation trigger. October 10, 2017), in a published decision, ruled that the continuous trigger theory of insurance coverage may be applied in New Jersey to third party Continuous trigger. Manifestation trigger theory says that the coverage trigger is the discovery of the injury or damage, so when the insured discovers that his or her vehicle is damaged the coverage applies. In some cases courts may differ on whether they use the actual date of the discovery, or if they use the time that the damage should have been discovered. The continuous trigger theory holds that an occurrence occurs under an insurance policy each time damage accrues over a continuous period of time, from exposure In coming to this decision, the Appellate Court considered, and rejected, the insurers frequently attempted argument that the current medical understanding of the etiology and progression of In a case of first impression, the Appellate Division in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 2017 N.J. Super. After the settlement, one of the insurers defending Aristone advised PMA that it sought recovery of PMAs portion of the defense bill of over $500,000 due to PMAs The insureds argued that the continuous trigger theory should be used and that all policies in effect from the time the loss begins to the time the loss manifests owe coverage. Along these lines, it is like a continuous trigger theory, however continuous trigger theory states that coverage is triggered when the claimant is uncovered, actually injured, or the damage shows itself. The continuous trigger theory rests on the idea that new property damage gradually occurs over time and may not be traceable to a single event. In Lennar, the insurers argued the Court should apply a manifestation trigger theory and limit coverage to the policies in force when the damages first appeared. Exposure trigger. Under a manifestation trigger, courts define coverage under policies that were in effect when damage or injury manifests, i.e. Having determined that it could adopt as a matter of law and a question of first impression any of the four prevailing trigger theories, the court adopted the continuous Th e insure d was sued for n egligent installation of re sidential doors and windows. The Air Master decision confirms that a continuous trigger theory will be applied to allegations of continuing property damage over a period of time in the construction defect context. The insureds sued and the district court found that the continuous trigger theory applied to the "occurrence based" policy because ongoing losses were covered. LEXIS 144 (App. The Appellate Division addressed the continuous-trigger theory utilized in the seminal case of Owens-Illinois, Inc. v. United Insurance Co., 650 A.2d 97 (N.J. 1994), in which the New Jersey Supreme Court adopted the continuous-trigger theory for property damage insurance claims that arise from the installation of asbestos-related products. The continuous trigger theory holds that an occurrence occurs under an insurance policy each time damage accrues over a continuous period of time, from In one of its arguments, Rigid claimed that Travelers must indemnify it for the $1.6 million under the Continuous Trigger Theory. Championing this theory created to address The The Lennar decision went a bit further to apply a continuous trigger theory to construction defect. These four trigger theories have been characterized as: (1) manifestation theory; (2) exposure theory; (3) continuous trigger; and (4) injury-in-fact theory. Id. 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