Section 39 Claims-Made Policy

• Library: Prof Liability 2005

A review of the coverage agreement of a medical malpractice policy will generally indicate that it is a “claims-made” policy rather than an “occurrence” policy. This means that coverage is determined according to when the claim is reported to the insurer. In most instances, the claim must be reported during the policy period, although there is generally an occurrence restriction as well in that the claim made must relate to a medical incident that occurred subsequent to the retroactive date.

Generally, a...