Long-tail claims — environmental, product, abuse and construction defect — implicate policies issued decades earlier, and locating them is a discipline of its own.
Why it matters. Occurrence-based policies respond to injury during the policy period regardless of when the claim is made, and older policies frequently had no pollution exclusion, higher limits relative to the era, and defence costs outside the limits.
Where to look. Corporate archives, accounting records showing premium payments, board minutes approving coverage, loan and lease files requiring evidence of insurance, certificates issued to counterparties, the files of predecessor entities, retired employees’ recollections, and broker records.
Broker and carrier records. Brokers retain placement files for long periods, and carriers can search by named insured and by policy number ranges.
Secondary evidence. Where the policy itself cannot be found, its existence and terms may be proved by secondary evidence — certificates, schedules, correspondence, and standard form language from the era. Courts accept this on a preponderance standard in most jurisdictions.
Predecessor coverage. Whether it transferred in a corporate transaction depends on the documents and on anti-assignment provisions, which many courts hold inapplicable to claims arising before the transfer.