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Litigation glossary
Legal structure

Claims-Made-and-Reported Policy

A claims-made-and-reported policy provides coverage only if a claim is both first made against the insured and reported to the insurer within the same policy period (or a defined extension), unlike an occurrence policy tied to when the underlying event happened.

Occurrence policies respond based on when the injury or damage happened, regardless of when a claim is later filed, which can be years afterward. Claims-made policies instead respond based on when the claim is made against the insured, and claims-made-and-reported policies add a further condition requiring the insured to also report that claim to the insurer within the policy period or a short reporting extension, making late reporting itself a potential coverage bar even for a claim made during the policy period.

This structure is common in professional liability, directors and officers, and errors and omissions insurance, where the gap between conduct and a later claim can be long. Because a claim made in one year but reported after the policy expires (or after a short grace period) can fall into a coverage gap, insureds frequently negotiate for reporting extensions, tail coverage, or prior-acts coverage on a successor policy to bridge potential gaps when switching insurers or lines of coverage.

Juricratic treats the claims-made-and-reported trigger as a bright-line temporal gate similar to a statute of limitations — the simulation checks whether the modeled claim and report dates both fall within the policy period before allowing any coverage branch to proceed, since this is a structural policy condition rather than a probabilistic litigation-risk factor.

In litigation

How it actually shows up

Professional liability counsel calendar both the claim-made date and the reporting deadline as two separate, independently critical dates, since even a claim made comfortably within the policy period can lose coverage entirely if notice to the insurer slips past the reporting deadline.

Questions
How is a claims-made-and-reported policy different from a standard claims-made policy?
A standard claims-made policy generally only requires the claim to be made during the policy period, with reporting handled under a broader notice provision; a claims-made-and-reported policy makes timely reporting within the same period an independent condition of coverage.
What happens if a policyholder switches insurers under a claims-made-and-reported policy?
Claims arising from conduct before the switch but not yet made or reported could fall into a coverage gap unless the policyholder secures tail coverage from the prior insurer or prior-acts coverage from the new insurer.
Why are claims-made-and-reported forms common in professional liability?
Because professional malpractice or errors often are not discovered or claimed until years after the underlying conduct, insurers use this structure to limit the extended uncertainty of open-ended future claims.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

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simulation, not prediction — not legal advice