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The Bermuda Form
Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
When product and general liability insurance markets tightened in the mid-1980s, insurers designed the Bermuda Form to maintain the key features of traditional occurrence coverage and add additional features in an attempt to eliminate what insurers viewed as growing exposures and risks. Among these newly added features unique to the Bermuda Form are the so-called “integrated occurrence” provisions. Under traditional occurrence-based policies, where there is continuing injury or damage over many years, coverage is often owed on multiple policies spanning many policy years. By instead of funneling similar third-party claims into a single policy year through an “integration” process, the Bermuda Form sought to provide a more insurer-friendly construct.
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