The retroactive nature of long-tail claims makes occurrence-based CGL policies (comprehensive general liability insurance policies) very valuable to business owners, churches, school boards and landlords. These policies became available on the American market in the 1940’s. For an occurrence-based CGL policy to provide defense or indemnity, the property damage or bodily injury that triggers the policy must occur within the policy period. However, where the damage or injury does not become evident until years later (as often is the case with environmental damage, product liability or sexual misconduct scenarios), this insurance policy will still respond to a properly filed claim notice.

The comprehensive general liability policy insures business owners against claims made by parties damaged by the conduct of his employees, his products or his waste products provided that the damage occurs during the policy period and it is not the type of damage excluded under the language of the policy. Even where the employee’s sexual misconduct does not become evident some twenty years after the occurrence, this policy can still provide defense and indemnity. Even where the underground storage tank’s leak goes undiscovered for thirty years, as of the date the leak is discovered, the business owner can file a claim under his CGL policy issued the date the leak began. Even where the business owner’s product is not revealed as harmful for forty years, once its harmful effects surface, a claim can be filed under this policy issued when it was placed in the stream of commerce.

These are some very good reasons to treat your occurrence based comprehensive general liability policy like a valuable business asset. Yet often, business owners treat the CGL policy as if it had no value after its expiration date and they discard it with expired fire insurance policies to make room for new document storage. Should they try to obtain a copy of the policy at a later date they often find that the insurance broker issuing the policy has failed to keep a copy in his archives. Further, just knowing the identity of the underwriter does not provide the basis for an appropriately filed claim. Insurers receiving claim notices under comprehensive general liability policies without identifying policy numbers and policy periods typically reject the claim because they lack adequate information with which to locate the policy in their files.

“When old insurance policies are brought to the light of day, they put small business owners on the same playing field as governments and companies with deep resources.”

-Brent Huber of Ice Miller LLP in Indianapolis.

Steve Henshaw, P.G.

Steve Henshaw, P.G.

CEO

As President and CEO of Policy Find™, Mr. Henshaw serves as a client and technical manager on projects associated with site characterization, remedial design, remedial implementation, litigation support, responsible party searches, and insurance archeology matters. He has acted as Program Manager or Client Manager on over 200 projects.

Learn More

These projects have included landfills, solvent and petroleum refineries, foundries, metal plating shops, food processors, wood treating facilities, chemical manufacturers and distributors, mines and quarries, heavy equipment manufacturers, computer manufacturers, and transporters. Mr. Henshaw’s expertise includes a strong knowledge of industrial operations, past and current industry practices and procedures, and a hands-on, practical understanding of the fate and transport of contaminants in soil and groundwater. He has also served as a testifying expert on behalf of individual landowners and facility operators at sites impacted by industrial activities and continues to provide technical and litigation support services. Mr. Henshaw is also the President & CEO of Enviroforensics.

Kristen Brown

Kristen Brown

Director of Operations

Kristen Brown brings more than a decade of research and managerial experience in broadcast journalism to the field of insurance archeology. 

Learn more

Since joining PolicyFind in 2015, Ms. Brown has successfully documented liability insurance programs on behalf of municipalities, manufacturers and dry cleaners. She continues to translate her expertise in source procurement and digital fact-finding, performing insurance research activities at a very high level, providing on-time execution of contracted performance goals.
 

David O'Neill, J.D.

David O'Neill, J.D.

Director of Investigations, Insurance Archeology

David O’Neill has over 20 years of experience in claims recovery on behalf of corporate policyholders involving environmental property damage and toxic tort and asbestos exposure claims. He is an accomplished insurance archeologist with extensive experience in locating and retrieving insurance coverage evidence on behalf of potentially responsible parties responding to environmental investigation and remediation demands.

Learn More

Mr. O’Neill is also an experienced PRP investigator with knowledge of CERCLA/SARA requirements, having conducted over thirty PRP searches at Superfund hazardous waste sites for PRP defense counsel and previously for USEPA Regions V and VIII. Mr. O’Neill was formerly Insurance Research Manager for Risk International Services, Inc. He graduated from Case Western Reserve Law School in 1986.

Paul Fassler

Paul Fassler

Senior Insurance Specialist

Mr. Fassler has over 35 years of experience in the insurance industry.   He held a variety of technical and managerial positions in the claims area during his career.  Most notably, Mr. Fassler was the Senior Claims Analyst for environmental claims with Sentry Insurance, where he spent 15 years.

Learn More

As the Senior Claims Analyst, Mr. Fassler worked on hundreds of complex property damage and bodily injury claims, involving soil and groundwater impacts, asbestos and silica dust exposure and large multi-party contribution and toxic tort claims. He managed the defense and any associated litigation on a wide variety of claims involving primary, umbrella and excess policies. He has a strong working knowledge of commercial liability and pollution liability policies. He worked with a broad spectrum of policy holders from stand-alone neighborhood dry cleaners to Fortune 500 companies. As the claims were not confined to one geographic area, Mr. Fassler has a solid understanding of the insurance laws and court rulings in many judicial regions. He has given numerous depositions and has testified on coverage issues in trial and at arbitration. Mr. Fassler is skilled at evaluating and interpreting the existence of prior insurance policies, can determine which policies have the potential to provide coverage for specific claims, and is able to negotiate cost sharing agreements between the various insurance carriers that have policies triggered for those claims
Jeff Carnahan, L.P.G.

Jeff Carnahan, L.P.G.

President

Jeff Carnahan is a Licensed Professional Geologist (LPG) with over 20 years of environmental consulting and remediation experience and is currently serving PolicyFinds and our clients as President. Jeff has contributed to the success and growth of PolicyFind through strategic market analysis and corporate risk management, as well as encouraging and upholding a superior level of technical expertise.  Throughout his career Jeff has provided technical support to the legal community. He has served as a consulting and testifying expert regarding the cause, origin, timing, and cost of environmental releases, as well as cost-recovery claims on behalf of insurance policyholders.

Jené Bastian

Jené Bastian

Senior Insurance Analyst and Stakeholder Relations

Jené Bastian brings more than two decades of experience in the environmental claims and toxic tort arena to the PolicyFind team. As a complex claims adjuster for Travelers Insurance, she handled asbestos bodily injury, mold, food poisoning, hazardous waste and other latent injury type claims from chemical exposure.  She also has extensive experience in policy analysis/interpretation of Commercial General Liability, Umbrella, Excess, and Contractor’s policies.