A. "Claims-Made"
policy covers claims that are made during the policy period provided
that the incident giving rise to the claim occurred on or before the
retroactive date and on or before the termination date of the policy.
An "Occurrence" policy covers claims, which arise from incidents,
which occur during the policy period regardless of when the claim
is made.
In other words, in the event of a claim, coverage will be provided
by:
*The policy in force when the claim is made,
as long as the incident which resulted in the claim occurred on or
after the Retroactive Date and on or before the Termination Date,
if the Insured is on a "Claims-Made" program; or
*The policy, which was in force when the
incident occurred which, resulted in the claim, if the policyholder
is on an "Occurrence" program.
Q. What is Prior Acts Coverage?
A. Prior Acts ("Nose") coverage refers to coverage
for acts that took place prior to the inception or effective date
of the first Claims-Made policy written by one insurer that replaces
the "Claims-Made policy written by the prior insurer.
In order for a policyholder to avoid gaps in coverage it is important
to remember moving from one insurer to another that either "Tail"
or Prior Acts coverage is required.
Q. What is a retroactive date?
A. A provision found in Claims- Made policies
that establishes the first date of coverage for injuries or damages
that occurred on/or before a specified date even if the claim is first
made during the policy period.
Q. What is "Tail" endorsement and what
does it cover?
A. The correct name for the "Tail" endorsement is
the Extended Reporting Period Endorsement because it extends the time
to report claims beyond the termination date of coverage. Tail coverage
extension is available due to death, disability, or retirement.
For coverage to apply under a "Tail" the alleged act or
omission giving rise to the claim must have taken place on or after
the retroactive date of the coverage and on or before the coverage
termination date. The "Tail" endorsement covers claims arising
from incidents occurring during the period of time between the retroactive
date and the termination date.
Q. What is AM Best and what factors influence their
ratings?
A. AM
Best Co., established in1899, is the world's oldest and most authoritative
insurance rating and information source. There are several factors
that influence AM Best rating, including global market position, exceptional
balance sheet strength, sustained profitable growth, and demonstrated
success of its management strategies.
Q. Why is a consent to settle clause important?
A. Some professional liability insurance
contain a consent to settle clause. This is very important! We will
not settle any claim without your written consent. Many insurance
companies cannot and do not guarantee this. They can settle a suit
on your behalf without your consent. This is perfectly legal to do
when a policy doesn't contain consent to settle clause. Most doctors
want to know that they will have input with regard to a claim or lawsuit,
that's why our consent to settle clause is so valuable.
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