Liability Tail Coverage Guide for Medical Professionals

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Liability tail coverage is a crucial aspect of medical professionals' insurance needs, especially when leaving a practice or retiring. It ensures they're not held liable for past mistakes.

This type of coverage helps protect medical professionals from unexpected lawsuits and financial burdens that can arise from past medical malpractice.

The cost of liability tail coverage varies depending on factors such as the state, type of practice, and years of service.

What is Liability Tail Coverage?

Liability tail coverage is a type of insurance that protects physicians from medical malpractice claims that arise after they've switched policies or ended their coverage. It's a crucial aspect of medical malpractice insurance, especially for those who change practices, employment status, or retire.

Most physicians will end up getting tail coverage at some point in their careers or afterward, as it ensures they have financial and reputational protection in the event of a medical malpractice claim brought against them when they had previous claims-made coverage.

Credit: youtube.com, Explanation of Claims Made & Tail Coverage – E&O Basics

Changing jobs, retiring, or leaving a practice group can create gaps in coverage, but tail coverage bridges these gaps, providing seamless protection. This is especially important because medical complications can take months or even years to manifest, and tail coverage ensures you're not left unprotected if a claim arises later.

Here are some common scenarios where tail coverage is necessary:

  • Changing practices
  • Leaving a solo or group practice for employment at a hospital
  • Merging an independent group or solo practice with another practice
  • Leaving hospital employment or independent group practice to start a solo practice
  • Switching employment from one hospital or group practice to another
  • Entering retirement

Who Should Consider Liability Tail Coverage?

If you're a physician or medical professional, you should consider liability tail coverage if you plan to retire or close your business in the foreseeable future. This is because tail coverage safeguards you from future claims arising from your past work, even if they're filed after your policy expires.

You should also consider tail coverage if you're switching to an occurrence-made policy. This is because your current claims-made coverage is only valid under your current employment status, and switching in any way would result in a loss or change of coverage.

If you're in a situation where you're likely to end up losing or changing your coverage, such as changing practices, leaving a solo or group practice for employment at a hospital, or entering retirement, it's a good idea to consider tail coverage.

Types of Insurance and Coverage

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Tail coverage is typically offered on certain types of liability policies, including claims-made insurance policies. These policies automatically include coverage for incidents that occur during the policy period, regardless of when they're filed.

You can get coverage on the following types of liability policies:

  • Professional liability insurance, also known as errors and omissions insurance
  • Directors and officers (D&O) insurance, also known as management liability insurance
  • Employment practices liability insurance (EPLI)
  • Cyber liability insurance
  • Data breach insurance
  • Commercial crime insurance

Tail coverage is an important consideration when you anticipate coverage changes, such as a business closing or a service provider retiring.

What is Insurance?

Insurance is a type of protection that helps you manage risks and financial losses. It's like having a safety net that catches you if something goes wrong.

Tail coverage, also known as an extended reporting period, is an endorsement that can be added to an insurance policy. This endorsement allows you to report incidents that occur during the coverage period even after the policy has expired or been canceled.

Businesses with claims-made policies, which are common in commercial liability insurance, often need tail coverage. This is because claims-made policies only cover incidents that occur during the policy period, not after it expires.

You'll typically pay an additional fee for tail coverage, but it gives you peace of mind knowing you're protected in case of a late-filing claim.

What Insurance Types?

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If you're looking to get tail coverage, you'll want to consider certain types of liability policies. Tail coverage is offered in claims-made insurance policies.

Tail coverage is available in professional liability insurance, which is also known as errors and omissions insurance. This type of insurance helps protect professionals from lawsuits related to their work.

Directors and officers (D&O) insurance, also known as management liability insurance, offers tail coverage as well. This type of insurance protects company leaders from personal liability.

Employment practices liability insurance (EPLI), cyber liability insurance, and data breach insurance all offer tail coverage too. These types of insurance help protect businesses from lawsuits related to employment practices, cyber attacks, and data breaches.

You can also get tail coverage with commercial crime insurance. This type of insurance helps protect businesses from financial losses due to crimes like theft or embezzlement.

Here are some common types of business insurance policies that offer tail coverage:

  • Professional liability insurance (errors and omissions insurance)
  • Directors and officers (D&O) insurance (management liability insurance)
  • Employment practices liability insurance (EPLI)
  • Cyber liability insurance
  • Data breach insurance
  • Commercial crime insurance

Claims-Made vs. Occurrence

Credit: youtube.com, The Different Types of Business Insurance Coverage: Claims-Made vs. Occurrence

Claims-made policies pay for incidents that occur during the policy period, even if the claim is reported later. This type of policy is ideal for businesses with a high risk of lawsuits or claims.

Tail coverage, which adds a reporting period to the end of a policy term, is a crucial consideration for claims-made policies. This means that a claim can be made after the policy term has ended, but only for an incident that occurred during the policy term.

Claims-made policies are not suitable for businesses that want to avoid coverage gaps. If a business moves from a claims-made policy to an occurrence-made policy, there could be a coverage gap if an incident occurred before the new policy started.

Occurrence-made policies, on the other hand, pay only for incidents that occur during the policy period, regardless of when the claim is reported. This type of policy is often more expensive than claims-made policies, but it provides greater peace of mind for businesses that want to avoid coverage gaps.

Credit: youtube.com, Claims Occurrence Vs Claims Made

Here are the key differences between claims-made and occurrence-made policies:

It's essential to choose the right type of policy for your business, considering factors such as risk level, industry, and budget.

Outside Policy Limits

If you have an outside policy limits cost of defense, it will not affect the amount of liability, but it will be paid by your insurance carrier separately.

Having an outside policy limits cost of defense means that the entire policy limit remains available to cover any settlement or judgment, regardless of the amount spent on defense costs.

For example, if a physician's malpractice insurance policy has a total limit of $1 million and defense costs are "outside policy limits", the entire $1 million remains available to cover any settlement or judgment.

This means that the defense costs will be paid separately by the insurance carrier, leaving the policy limit intact for any potential liability.

Purchasing and Switching Insurance

Credit: youtube.com, Do I need to purchase tail insurance before I switch malpractice carriers?

Research the cost of tail coverage, as even the smallest change in policy can make a huge difference in protection. You can shop for malpractice insurance in one of two ways.

To ensure you get the best rates, you can partner with a qualified insurance broker, who can shop around for multiple providers. This can simplify the process and save you time.

If you're looking for a smooth process, consider working with a broker who can assess your needs, shop around for quotes, and negotiate on your behalf. This can be a game-changer, especially if you're not familiar with the insurance industry.

Tail coverage can be purchased from your existing malpractice insurance carrier or through an independent broker. You're free to shop around for the best rates from multiple providers.

Some insurance companies offer a streamlined process for purchasing tail coverage. However, be prepared for higher upfront costs, which can be worth it in the long run to protect your reputation and finances.

Here's a comparison of two ways to get tail coverage:

Frequently Asked Questions

Is tail coverage worth it?

Consider tail coverage if you're retiring or changing jobs to protect yourself from potential future medical malpractice lawsuits

What if I don't buy tail coverage?

If you don't buy tail coverage, you'll be left without protection for medical liability claims after your claims-made policy lapses. This means you could be exposed to costly lawsuits and financial losses.

Who typically pays for tail coverage?

Typically, employers pay for tail coverage, especially those in private practice or with claims-made coverage. This means you can focus on your work, knowing your professional liability is protected.

What is employee benefits liability tail coverage?

Tail coverage for employee benefits liability protects your business from future claims after your policy expires, offering flexible term lengths from 1 year to unlimited

Colleen Pouros

Senior Copy Editor

Colleen Pouros is a seasoned copy editor with a keen eye for detail and a passion for precision. With a career spanning over two decades, she has honed her skills in refining complex concepts and presenting them in a clear, concise manner. Her expertise spans a wide range of topics, including the intricacies of the banking system and the far-reaching implications of its failures.

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