Malpractice tail coverage

What to ask about coverage for work you performed before leaving a job.

Start with the policy

Ask for the actual policy and the terms that apply to your work. A claims-made policy generally depends on when a claim is made and reported. An occurrence policy generally looks at when the covered event happened. The policy can impose conditions or exclusions.

Check what happens when you leave

Ask how a claim would be handled if it arrives after your last day. Check the retroactive date, reporting deadlines, and whether extended reporting or coverage for prior acts is available. Confirm the answer with the insurer.

Put responsibility in writing

Ask who arranges coverage and pays any premium, and whether the answer changes if you resign or the employer terminates the agreement. If the agreement is silent, record the question as unresolved.