Key Takeaways

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Tail insurance extends claims-made policy coverage after your policy expires to protect against delayed lawsuits.

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Tail coverage applies to claims-made policies like professional liability and D&O insurance but doesn't apply to occurrence-based policies like general liability or workers' compensation.

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Consider tail coverage when retiring or switching carriers; typically match your original policy limits for consistency.

What Is Tail Insurance?

Tail insurance protects you from liability claims after your claims-made policy expires. It's extended coverage that keeps you protected when someone files a lawsuit for work you did in the past.

This coverage only works with claims-made policies, which cover lawsuits filed while your policy is active. For example, if you're a doctor who retires in January but a patient sues you in March for a procedure you did last year, your expired claims-made policy won't help. Tail insurance would cover this delayed claim.

Coverage details depend on your specific policy terms and state regulations. Always consult with a licensed insurance professional to understand your specific needs and options.

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What Does Tail Insurance Cover?

Tail insurance covers liability claims that arise from work you performed while your original claims-made policy was active, but are filed after your policy expires. Let's look at some examples:

Medical malpractice claim filed after retirement

After Dr. Smith retired in June, a patient sued her in September over a 2023 surgery. Because she had coverage when she performed the surgery, her tail insurance covers the lawsuit costs.

General liability slip-and-fall claim

Lopez, a contractor, faces a slip-and-fall lawsuit at his former office building. Tail insurance doesn't cover this claim because general liability policies are occurrence-based and don't offer tail coverage. Lopez's original general liability policy would handle this claim instead.

Employment practices liability claim with EPLI tail coverage

Brown, a former HR manager, purchased EPLI tail coverage when he retired. Six months later, his old company faces a workplace harassment claim for incidents during his tenure. The EPLI tail coverage protects him because harassment occurred while his original policy was active.

Commercial auto accident claim

Martinez drove delivery trucks before changing jobs. She later faces a lawsuit from a car accident during previous employment. Professional liability tail coverage doesn't cover auto accidents because commercial auto insurance operates on occurrence basis.

Legal malpractice claim when switching insurance companies

Jones, an attorney, switches law firms and insurance carriers in March. A former client sues him in August for advice he gave in February. His tail insurance covers this claim since he provided legal services under his original policy.

Professional liability claim without tail coverage

Davis, an accountant, switches insurance companies but skips buying tail coverage. A client later discovers tax preparation errors from Davis's previous job and files a lawsuit. Without tail coverage, Davis has no protection for work performed under her old policy.

Cyber liability claim with purchased cyber tail coverage

Garcia, an IT consultant, retires and buys cyber liability tail coverage. Eight months later, a former client discovers a data breach from Garcia's time on the project. Garcia's cyber tail coverage applies because the breach occurred during his active policy period.

Workers' compensation injury claim

Rodriguez owned a construction company before selling it last year. An employee now files a workers' comp claim for an injury from Rodriguez's ownership period. Tail insurance doesn't cover this because workers' compensation policies are occurrence-based and don't offer tail coverage.

Directors and officers (D&O) liability claim against former board member

Williams served on a company board and purchased D&O tail coverage when she left. Shareholders sue the board six months later over decisions made during her tenure. Williams's D&O tail policy provides coverage because challenged decisions occurred while she was actively serving.
 

You need separate tail coverage for each type of claims-made policy they carry. If you have both professional liability and cyber insurance, you'll need to buy tail coverage for each policy individually when your coverage ends.

How Much Tail Insurance Do I Need?

Tail insurance isn't legally required, but many professionals need essential financial protection when leaving claims-made policies. Determine if tail insurance makes sense by evaluating these factors

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    Do I need tail insurance?

    You need tail insurance when leaving a claims-made policy without continuous coverage. Situations requiring tail coverage include retiring, changing insurance companies, taking career breaks or switching careers entirely. If you're moving to a new claims-made policy with a different insurer, the new policy might offer "prior acts" or "nose" coverage that covers your past work, eliminating tail insurance needs.

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    What coverage period should I choose?

    Choose unlimited coverage when retiring permanently or leaving your profession permanently. Select limited coverage (one to six years) when temporarily between jobs, switching carriers or planning to return to practice. Medical malpractice claims surface many years after treatment, while other professions see claims emerge sooner.

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    Should I match my original limits?

    Most professionals choose tail coverage matching their expiring policy limits to avoid protection gaps. Higher limits make sense if you've accumulated significant assets since buying your original policy. Lower limits work when switching to lower-risk work, but risk remains if claims from previous high-risk periods surface later.

Choose coverage limits matching your original policy. For example, if your current policy provides $1 million per claim coverage, your tail insurance should offer the same amount. Coverage amounts vary by profession, individual circumstances and state regulations.

Tail Coverage: Bottom Line

Tail insurance extends claims-made coverage after policies end, protecting professionals from lawsuits related to past professional services like malpractice claims and board liability issues. General liability and other occurrence policies work differently because occurrence policies already cover old incidents when claims emerge later. Tail coverage providing the same coverage amounts as your original policy delivers optimal protection.

Tail Coverage Insurance: FAQ

MoneyGeek's experts answered common questions about tail insurance coverage decisions:

What is tail coverage?

How much does tail coverage cost?

What is D&O tail coverage?

Do I need tail coverage if I'm retiring?

How do claims-made and occurrence policies differ?

About Mark Fitzpatrick


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Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. With over five years of experience analyzing the insurance market, he conducts original research and creates tailored content for all types of buyers. His insights have been featured in publications like CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

Passionate about economics and insurance, he aims to promote transparency in financial topics and empower others to make confident money decisions.


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