Legal Definitions - continuous trigger

The term continuous trigger refers to a legal theory in insurance law that determines which insurance policies are responsible for covering damages that develop gradually over a long period. Unlike situations where a loss occurs at a single, identifiable moment, a continuous trigger theory posits that the damage or injury is ongoing and progressive throughout an extended period.

Under this theory, all insurance policies that were in effect at any point during the period of initial exposure to the harmful condition, the ongoing development of the injury, and sometimes even until the damage becomes fully manifest or is remediated, are considered "triggered" and potentially obligated to provide coverage. This approach acknowledges that certain types of harm do not have a single, discrete trigger point but rather involve a prolonged process of injury or damage.

• Example 1: Environmental Pollution

  Imagine a manufacturing plant that, over several decades, slowly released pollutants into the soil and groundwater beneath its facility. The pollution began in the 1970s, continued through the 1980s and 1990s, and was only discovered and fully assessed in the 2000s. Under a continuous trigger theory, all general liability insurance policies held by the company from the initial release of pollutants in the 1970s through the period of ongoing contamination and perhaps even until the remediation efforts began in the 2000s, could be activated. This means multiple insurers, each covering different policy years, might be called upon to contribute to the cleanup costs.

• Example 2: Asbestos-Related Illness

  Consider a construction worker who was exposed to asbestos fibers on various job sites throughout the 1960s and 1970s. Decades later, in the 2000s, the worker develops mesothelioma, a disease directly linked to asbestos exposure. Because the injury (the microscopic damage to lung tissue) is considered to have begun with the initial exposure and progressed continuously over many years before manifesting as a diagnosable illness, a continuous trigger theory would allow the worker's employer to seek coverage from all liability insurance policies that were in effect during the entire period of the worker's asbestos exposure and the subsequent development of the disease.

• Example 3: Defective Building Material

  A company manufactures a specialized roofing material that, unknown to anyone at the time of installation, slowly degrades and loses its waterproofing properties over 15 years due to a latent defect. Buildings constructed with this material between 2000 and 2005 begin to experience leaks and structural damage starting around 2015. A continuous trigger theory would argue that the "injury" (the slow degradation of the material and the resulting damage to the buildings) began when the defective material was installed and continued until the damage became apparent. Therefore, all product liability insurance policies held by the manufacturer during the period of the material's installation (2000-2005) and its subsequent continuous degradation (up to 2015 or later) could be triggered to cover the costs of repairs and replacement.