First steps for coverage attorneys

This is advice for attorneys working on their first insurance coverage cases.

If you represent the insurer, ask the insurer for a certified copy of the insurance policy or policies for every coverage year that may be triggered by the loss. Do this as soon as you receive the case. Certified copies are put together by the underwriting departments at the insurance companies, and it can take months for them to do it. I have had many experiences where the policy put together by the adjuster contains the wrong forms, is for the wrong policy years, or is just incomplete.

If you don't represent the insurer, or if other insurers are involved in your coverage dispute, immediately serve a request for production of documents requesting a certified copy of the policy or policies. You don't need to wait until you have an entire request for production of documents on all issues of the case; you can do your first request and then do a second, complete request when you are ready.

When you receive your certified copy, compare the forms listed on the schedule of forms and endorsements to the forms you have actually received. If there is a discrepancy, follow up immediately.

Make a copy of the policy you have received. Bates stamp your copy. When you refer to policy pages in motions (or memoranda to file), you can do it by Bates stamp numbers instead of making the judge flip through a dozen strangely-named forms trying to figure out which one you are referring to.

Reading an insurance policy: schedule of forms and endorsements

In my last post I began discussing how to read an insurance policy, beginning with the coverage selection page. The next thing you should understand is the order in which you should read a policy. (Hint: it's not necessarily front to back.)


The coverage selection page of many policies includes a section called "Schedule of forms and endorsements" or some variation of that. That section will contain a list of names of forms referred to by a combination of numbers and letters that make no sense to anyone who is not an underwriter (a person who puts together insurance policies). An example from a malpractice policy I had a few years ago:


U-PL-871-A CW (4/98)


The schedule identifies the forms and endorsements (which, for practical purposes are the same thing) that make up your policy. Some policies, such as a motor vehicle policy, may contain only a coverage selection page and the main policy form. Others, such as commercial general liability policy, will contain a coverage selection page and up to a couple of dozen forms, some as short as one page and others quite lengthy.


Generally the form identification, corresponding to the entries in the schedule of forms and endorsements, is at the bottom of each form. Each listing on the schedule of forms and endorsements should correspond to a matching form, and vice versa. If you have a form that is not listed on the schedule, or an entry on the schedule without a corresponding form, you should follow up with your insurer to see if the mistake is on the schedule or (more likely) in the insurer putting together the forms.