Tail Coverage
Tail coverage extends the window to report claims under an expired or canceled claims-made policy, covering conduct that occurred during the original policy period but is claimed only after it ends.
Because a claims-made policy generally requires a claim to be made (and, for claims-made-and-reported forms, also reported) while the policy is active, an insured who cancels, does not renew, or switches insurers faces a potential gap for conduct that occurred during the expired policy's term but is not claimed until afterward. Tail coverage, typically purchased as an extended reporting period endorsement, closes that gap by allowing claims first made during the tail period to still be covered as if made during the original policy term.
Tail coverage does not extend the underlying policy's coverage period for new conduct — it only extends the reporting window for claims based on conduct that occurred while the original policy was in force. It is commonly triggered by retirement, firm dissolution, a merger, or simply switching to a new claims-made carrier, and the cost (often a substantial percentage of the annual premium) is a frequent point of negotiation in professional transitions.
Juricratic keeps tail coverage and prior-acts coverage conceptually distinct in its modeling: tail coverage extends the reporting window on the departing policy, while prior-acts coverage extends the effective coverage start date on the new policy, and the simulation requires the user to specify which mechanism (if either) closes a given coverage gap rather than assuming one automatically substitutes for the other.
How it actually shows up
Professionals retiring, dissolving a practice, or switching malpractice carriers evaluate tail coverage cost against the residual risk of unreported claims for past conduct, often negotiating the tail purchase into the terms of a firm sale, merger, or partnership dissolution agreement.
- Does tail coverage cover new conduct after the original policy ends?
- No, it only extends the time to report claims based on conduct or incidents that occurred while the original policy was still in force.
- Who typically pays for tail coverage?
- It depends on the circumstances and any negotiated agreement; in firm sales or dissolutions, the departing party, the firm, or the acquiring party may bear the cost depending on the deal terms.
- Is tail coverage the same thing as an occurrence policy?
- No. It is a mechanism for extending a claims-made policy's reporting window, whereas an occurrence policy is a structurally different policy type that does not need tail coverage because it responds based on when the underlying event happened.
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