ABC Construction carried a CGL Claims-Made policy from 2020-2023 with a Retro Date of January 1, 2020. In 2024, a customer files a claim alleging property damage, caused by ABC's work, that occurred in October 2019. ABC now has a new insurer with a 2024 Claims-Made policy (Retro Date: Jan 1, 2022). Which policy, if any, covers the 2024 claim?

Why this is the answer

A Claims-Made CGL policy has two triggers that must both be satisfied: (1) the claim must be made during the policy period, and (2) the occurrence must happen on or after the Retro Date. The 2020-2023 policy fails both tests — the claim is made in 2024, outside that policy period, and the October 2019 damage also predates its January 1, 2020 Retro Date, so even an Extended Reporting Period on it would not help. The 2024 policy fails trigger 2 — the injury occurred October 2019, before its January 1, 2022 Retro Date. If ABC had purchased an Occurrence CGL in 2019, the 2019 damage would have triggered coverage regardless of when the claim was filed. The new policy's later Retro Date would also leave a gap for damage occurring from January 1, 2020 through December 31, 2021, which is why insureds try to keep the original Retro Date when changing insurers; this damage predates both dates. Per FL Outline §IV.A (ISO CGL national doctrine).