by: Milwaukee Journal Sentinel
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Coverage Lapses Spark National Trend, Trigger Legal Action

A National Trend of Coverage Lapses
The Dover case is increasingly emblematic of a broader national trend. Across the country, schools, municipalities, and even hospitals are reporting similar incidents of coverage lapses, often linked to errors or omissions in policy renewal processes. The rise of complex insurance products, coupled with staffing shortages within both insurance agencies and the organizations they serve, are often cited as contributing factors. Many organizations are relying heavily on brokers to proactively manage their coverage, making broker oversight critically important. A failure to do so, as Dover alleges, can have devastating financial consequences.
Experts point to several common causes of these lapses. Automated renewal systems, while designed to streamline the process, can fail if data entry errors occur or if policies aren't properly flagged for review. Changes in risk profiles - such as the addition of new facilities or programs - often necessitate policy adjustments that can be overlooked. Furthermore, the increasingly complex regulatory landscape surrounding insurance adds another layer of difficulty.
The Rise of Declaratory Judgment Actions
Filing a declaratory judgment action, as Dover School District has done, is a strategic legal maneuver. Instead of waiting for a claim to be filed and then defending against it, the district is proactively seeking a court ruling on the responsibility for the coverage gap. This allows them to potentially limit their liability before any claims are even made. It's a more aggressive approach, but one that's becoming increasingly common as organizations seek to control costs and minimize risk.
The outcome of this case could have significant implications beyond Dover. It will likely set a precedent for how courts view the responsibilities of insurance brokers and the liability they face when coverage lapses occur. Other school districts and public entities facing similar issues will be watching closely. The legal battle will focus on whether The Burnham Agencies acted with reasonable care and diligence in managing Dover's insurance, and whether their actions (or inaction) directly contributed to the coverage gap. The hearing in Hillsborough County Superior Court is expected to draw considerable attention from legal professionals and insurance industry observers alike. It is a stark reminder that maintaining adequate insurance coverage requires diligent oversight, proactive management, and a clear understanding of the risks involved.
Read the Full New Hampshire Union Leader Article at:
https://www.unionleader.com/news/education/dover-schools-seek-relief-in-court-for-lapse-in-coverage/article_ef735405-8f4d-4317-84eb-8c9d637a7d63.html
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