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Dr . Cash, a general surgeon purchased his first claims - made policy on 7 / 1 / 9 6 from XYZ insurance company. The

Dr. Cash, a general surgeon purchased his first claims-made policy on 7/1/96 from XYZ insurance company. The policy will cover those claims that are incurred and reported from 7/1/96 to 6/30/97. Since this is the first claims-made policy the physician has purchased, the retroactive date (retro date) is the same as the policy inception date, 7/1/96. Dr. Cash remained with the same insurer for a 3 year period and each of his renewal policies carried the original retro date of 7/1/96. Unknown to Dr. Cash, an incident that ultimately results in a claim occurred on 8/1/96(1st claims-made policy year) but was not recognized as a potential claim until suit was filed on 9/1/06, ten years later.
How would you determine what policy should respond and if coverage is even available?

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