Pinckney Community Schools v. Continental Casualty Co.

I respectfully dissent. Defendant’s policy provided coverage only for claims made "during the policy period.” Thus, the policy is a "claims-made” policy. In general, a claims-made policy provides coverage no matter when the alleged error, omission, or act of negligence occurred, as long as the misdeed is discovered and the claim for indemnity is made within the policy period. Stine v Continental Casualty Co, 419 Mich 89, 97; 349 NW2d 127 (1984). The issue presented therefore is whether Rutherford’s allegation of discrimination in 1981 constituted a claim for a wrongful act within the meaning…