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Here is where you will find answers to frequently asked questions about Occurrence vs. Claims-Made, Tail Coverage, relating to malpractice insurance.

What is an Occurrence insurance policy?

  1. Occurrence coverage is triggered the moment treatment occurs, regardless of when an eventual claim is made. For example, if a claim is made today based on treatment rendered in 2014, the 2014 Occurrence policy responds.

What is a Claims-Made insurance policy?

Claims-made coverage is triggered when the claim is made. For example, if a claim is made in 2016 based upon treatment rendered in 2014, the 2016 Claims-made policy responds, as long as the healthcare incident occurred after the policy's retroactive date. (The policy's retroactive date is the date after which treatment must occur to trigger coverage.)

What is Tail Coverage?

Tail Coverage or Extended Reporting Periods (ERP) extend the time period that an insured is able to report a claim beyond the expiration or cancellation of a claims-made policy but only covering acts performed during the time that the policy was in force.

What is consent to settle or Hammer Clause?

A hammer clause is an insurance contract condition that limits the amount an insurer has to pay in a lawsuit if an insured refuses to approve a settlement offer.  We will never settle a malpractice claim without your consent. No exceptions. Others may say they have consent clauses, but look closely and you'll find that you could be subject to binding arbitration, a peer board review or even a "hammer" clause that could expose your personal assets. Choose the professional liability provider that offers you pure consent authority.

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