A claims-made policy is designed to protect you during the active policy period, usually one year. If you do not renew your claims-made policy when it expires, you no longer have coverage for any claims that may arise in the future that are alleged to have occurred during the time your policy was in force.
Physicians who wish to continue coverage under a claims-made policy must purchase supplemental coverage, such as tail coverage or prior acts coverage. If neither tail coverage nor prior acts coverage are purchased when a claims-made policy expires, any future claims that might arise from services performed during the policy period will not be covered.
An occurrence policy provides ongoing insurance protection for events that occur during the policy period, even if they are reported after the policy is cancelled.
Occurrence policies are generally more expensive, but it is not necessary to buy supplemental coverage like tail or prior acts coverage after an occurrence policy expires.
A supplement to a claims-made policy, prior acts coverage is purchased from a new carrier when you change insurance companies. This coverage, also known as nose coverage, covers claims from unknown incidents that occurred before the beginning of your new policy. Prior acts coverage is an alternative to tail coverage, which is purchased from the original carrier when a change in insurance companies is made.
Companies typically require new policyholders to purchase either prior acts from them, or tail coverage from their prior carrier, to protect against claims arising from prior acts.
Tail coverage, also called a reporting endorsement, is available for purchase when your claims-made policy is cancelled or non-renewed. Tail coverage continues insurance protection under your claims made policy for claims reported in the future but arising from incidents that occurred while your policy was in force. Tail coverage payment is due within 30 days of policy cancellation.
LSA offers free tail coverage to physicians who:
- are 50 years of age or older;
- have been continuously insured with LSA/TMLT for 5 years or more on a claims-made policy; and
- the cancellation of the policy is due to retirement from the practice of medicine.
In addition, LSA waives the tail premium at any time if the physician should stop practicing due to medical disability or death.
Per-patient based coverage is designed for emergency physicians and urgent care groups, as well as other groups that are structured on a per-encounter basis.This type of coverage is more cost effective because pricing is based on the number of visits rather than rated on the number of physicians in the group.
Cyber liability coverage provides coverage for privacy-related claims that occur as a result of lost laptops, theft of hardware or data, improper disposal of medical records, hacking or virus attacks, and disgruntled employees.
Cyber liability coverage is included with all LSA policies.
Medefense covers legal expenses, fines, and penalties arising out of medical board and other disciplinary proceedings.Medefense coverage is included with all LSA policies.
Medefense covers legal expenses, fines, and penalties arising out of medical board and other disciplinary proceedings.Medefense coverage is included with all LSA policies.EPLI covers claims that arise from alleged wrongful employment practices, such as discrimination, harassment, and retaliation.
EPLI coverage is included with all LSA policies.
Entities, which are defined as an incorporated formation of two or more shareholder physicians practicing under the group's "DBA" name, are eligible for a separate entity policy. The policy provides defense and indemnity coverage when the entity is held legally responsible for the actions of the member physicians. Physicians that are incorporated as a Solo Professional Association or Solo PLLC are provided coverage under their Individual policy on a shared-limit basis.
Some policies will ask that you pay an assessment in addition to the yearly premiums. Assessments can occur if a company experiences higher claims costs than anticipated. In some cases, assessments can be as much as the full premium. All LSA medical liability policies are non-assessable.
General liability insurance refers to a type of business liability insurance other than automobile, workers' compensation, or employer's liability that covers property damage or bodily injury. In a health care setting, general liability insurance would cover such incidents as a visitor slipping on a wet floor of a hospital or office.