Insurance coverage can remain a relevant issue long after a policy expires. But in many cases, the original policies that provide coverage are lost, incomplete, or difficult to identify. This is where insurance archaeology — the process of identifying and reconstructing historical insurance coverage — becomes a useful tool for lawyers.
I assist other attorneys in determining what historical coverage may have existed, reconstructing or establishing the terms of missing policies where possible, and analyzing how the available coverage may affect their overall litigation strategy. That work usually means rebuilding a coverage program rather than a single policy: identifying the primary and excess layers in each year, establishing attachment points and limits, and mapping which policy periods respond to a loss that developed over time.
This comes up most often in claims that reach back decades. Institutional abuse cases, including those brought under AB 218, frequently involve conduct from the 1970s or 1980s, and the school, diocese, or organization being sued may no longer have the policies that covered it then. Whether a defendant can satisfy a judgment often turns on what coverage existed in those years and whether it can still be established. The same problem arises in environmental and toxic exposure claims, asbestos and latent injury matters, construction defect, and legacy product liability.
These are some specific services I provide in this area:
Identifying Historical Coverage
You may need to understand past insurance coverage and what the terms and conditions likely were during the relevant time period. This is especially helpful for claims that develop over an extended period, such as environmental damage and construction defects. Various sources, such as old business records and insurance correspondence, can greatly aid this process.
Locating Lost and Missing Policies
Simply because an insurance policy is missing does not automatically negate available coverage. However, it may be necessary to reconstruct or establish the policy terms through secondary documentation and other evidence. Based on the facts of your case, I may be able to help identify key details such as the insurer’s name, the policy period, policy limits, terms, and more. California law does not require the policy itself to be produced. The existence and terms of a lost policy may be established through secondary evidence, which is why a missing policy is a problem to be worked rather than the end of the inquiry.
Coverage Analysis and Strategy
Once potentially applicable policies and their terms are identified, counsel must still determine how the available coverage will impact the overall litigation. I can analyze recovered policies and other key evidence, discuss coverage issues and potential disputes with insurers, and help you develop a comprehensive approach for pursuing all available insurance benefits. Where the reconstruction produces a multi-year program, that analysis is described further on my Coverage Program Analysis page.
Defense-trained. Policyholder-focused. Reach Out Today!
If old, missing, or unclear insurance policies are at issue in your client’s case, reach out to me. I can assist with the various challenges these cases present and help enhance your litigation strategy.