In an article for the New York Law Journal titled, “Navigating the Complexities of Interrelated Claim Disputes,” Schulte partner Ted Keyes and associate Julia Cummings discuss why determining whether multiple claims across different time periods constitute interrelated claims can be crucial for determining whether the claims are covered and the available policy limits.

This complexity often arises in directors’ and officers’ and professional liability insurance policies, where interrelated claims are treated as a single claim based on the timing of the first claim. The interpretation of what constitutes an interrelated claim varies, with New York using a “sufficient factual nexus” test and Delaware applying either a “meaningful linkage” test or the more stringent “fundamentally identical” standard. These differences highlight the challenges insurers and policyholders face in predicting litigation outcomes, emphasizing the need for careful analysis of the specific facts and legal standards involved.