Legal Definitions - triple trigger

The triple trigger theory is a principle in insurance law that helps determine which insurance policies are responsible for covering claims related to injuries or damages that develop over an extended period. It asserts that all general liability insurance policies in effect during three distinct phases are "triggered" and must contribute to covering the loss:

• From the first moment of exposure to the injury-producing condition.
• Throughout the entire period of exposure to that condition.
• Up until the date the injury is officially diagnosed or results in death (whichever occurs first).

This theory is particularly relevant for long-latency injuries, where the harm might not become apparent until many years after the initial exposure, making it difficult to pinpoint a single "date of injury." It ensures continuous coverage across multiple insurers over a prolonged timeline.

Examples:

• Defective Medical Implant: Imagine a medical device company that manufactures a surgical implant. A patient receives this implant in 2005. Over the years, the implant slowly degrades, releasing microscopic particles into the patient's body, which eventually leads to a serious autoimmune condition. The patient begins experiencing symptoms in 2018 and is formally diagnosed in 2020. During this entire period, the medical device company had several different general liability insurers, as policies were renewed or changed every few years.

  Under the triple trigger theory, all insurers who provided coverage to the medical device company from the moment the patient received the implant in 2005 (the first exposure), throughout the years the implant was degrading in the patient's body (the entire period of exposure), and up to the diagnosis in 2020 (the date of diagnosis) would be considered responsible for contributing to the patient's claim. This ensures that the patient has a continuous source of potential recovery, even though the harm developed slowly over 15 years.

• Environmental Contamination: A manufacturing plant operates from 1970 to 2000, during which it regularly discharges a slow-acting chemical into the local groundwater. Residents living near the plant drink this contaminated water for decades. One resident, Mr. Henderson, lived in the area from 1975 to 1995. In 2015, he is diagnosed with a rare form of cancer that medical experts link to long-term exposure to the chemical from the plant. The manufacturing plant had various general liability insurance policies with different carriers throughout its operational history.

  Applying the triple trigger theory, all insurance companies that covered the manufacturing plant from 1975 (when Mr. Henderson's first exposure to the contaminated water began), through 1995 (the end of his period of exposure), and up to 2015 (the date of diagnosis of his illness) would have their policies triggered. This means that multiple insurers, whose policies were active at different points during this 40-year span, could be required to contribute to covering Mr. Henderson's medical expenses and other damages.