The maximization of liability-insurance coverage
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While these three approaches may appear inconsistent, the reality is that, in general, courts adopt the theory that would maximize insurance coverage under the particular facts of the individual case. The continuous coverage/triple trigger approach is consistent with this insurance maximization theme. Coverage is triggered for any policy in existence from the time of initial exposure through manifestation of the illness.(9) The triple trigger solution represents the current trend. It maximizes the pool of insurance funds available to the insured and to claimants essentially by allowing the insured to stack every year of coverage into one large pool. For example, if an insured carried a $75 million policy, renewed annually, for twenty years, the total
amount of insurance available would be $1.5 billion, that is, $75 million times twenty years. While courts thus maximize insurance available for this "problem," e.g., asbestos or DES, they are also reducing the amount of insurance available in the future because insurers now have a strong incentive to minimize, either through denial of coverage or the use of policy exclusions, any open ended future coverage.
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