Frequently Asked Question:

What Happens If a Malpractice Claim Is Filed After the Policy Expires? 

Insurance Type
Related Industries
Related Coverages
Medical Malpractice

The Short Answer

Occurrence policies still respond to claims filed years later if the care happened during the policy period, but claims-made policies generally provide no coverage for a lawsuit filed after expiration unless tail or continuous coverage with the same retroactive date is in place.

The Full Answer

For occurrence policies, a lawsuit filed years later alleging care during the policy term is still handled by that prior occurrence policy year, subject to its limits and terms. For claims-made policies, however, you generally have no coverage for a new lawsuit filed after expiration unless you have continuous claims-made coverage with the same retroactive date or purchased tail to extend the reporting period. 

The risk of coverage gaps: If you simply cancel a claims-made policy without obtaining tail or nose coverage, you are relying on your own balance sheet for any future claims tied to that period of practice. This creates significant uninsured exposure. 

Well-structured programs avoid this by maintaining an unbroken retroactive date when changing carriers or by purchasing tail at retirement, physician departures, or program restructures. Because malpractice claims can arise years after treatment — especially in certain specialties like OB/GYN or surgery — planning for post-expiration protection is essential to your risk management strategy. 

How Liberty protects your organization: Liberty maps “what-if” scenarios — sale, closure, physician departures — during coverage reviews and renewals to ensure that a policy expiration date never becomes an accidental end to your protection. 

Related Questions

Yes — restaurants process card payment data through point-of-sale systems daily, and a breach affecting customer payment information typically isn’t covered under general liability, which is why cyber liability is now considered standard for the industry.

A restaurant’s own commercial auto policy typically doesn’t cover an employee’s personal vehicle, so restaurants using employee-owned cars for delivery generally need hired and non-owned auto liability coverage.

Typically no — standard business interruption coverage is triggered by direct physical damage to the property, so a closure ordered for a health code violation alone usually isn’t a covered event unless it follows a covered loss.

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