Occurrence vs. Claims-Made Insurance: Why It Matters | Insureon (2024)

[video: an animated header displays the Insureon logo and the video title: "Understanding policies with Insureon: Claims-made vs. Occurrence-based insurance policy"

As a small business owner, you know it’s important to understand how your insurance policy works. This includes understanding the difference between occurrence-basedand claims-made policies.

An occurrence-based policy covers losses that happen during the policy period, even if it’s not active when you submit a claim.

[video: an illustrated header displays the text: "An occurrence-based policy protects your business from claims that don't happen right away, even if: Years pass before an incident becomes known; You switched to another policy or carrier, or canceled your insurance altogether"]

Let’s say you purchased a $1 million occurrence-based general liability policy. In year one, your business is sued for $1 million. When your policy is renewed at the beginning of year two, you’ll have another $1 million of coverage.

[video: an illustrated header displays the text: "Year 1: $1 million occurrence-based coverage, $1 million lawsuit; Year 2: $1 million occurrence-based coverage renewed"]

On the other hand, a claims-made policy provides benefits only if you file a claim after the policy start date. If you cancel your policy and then report a claim, it will not be covered.

[video: an illustrated header displays the text: "A claims-made policy protects your business from claims files during the policy period; This includes claims under previous claims-made policies with different carriers."]

In this case, if you had a $1 million claims-made policy and are sued for $1 million in your first year, you’d no longer have coverage. That is, unless you increase your policy limit in the second year.

[video: an illustrated header displays the text: "Year 1: $1 million claims-made coverage, $1 million lawsuit; Year 2: Uninsured, unless policy is increased (e.g., $2 million claims-made coverage)"]

Occurrence-basedand claims-made policies are often found in specific types of insurance coverage. For example, your general liability, commercial auto, and umbrella liability insurance will be occurrence-based.

[video: an illustrated header displays the text: "Occurrence-based insurance policies: General liability, Commercial auto, Umbrella liability"]

Claims-made policies, on the other hand, will often be found in your directors and officers coverage and professional liability insurance, which is also referred to errors and omissions insurance.

[video: an illustrated header displays the text: "Claims-made insurance policies: Directors and officers (D&O), Professional liability, also called errors and omissions (E&O)"]

The biggest difference between claims-made and occurrence-based policies are the coverage limits. If you’re just starting out, you may want a lower cost claims-made policy.

[video: an illustrated header displays the text: "The type of policy and limits you choose all depends on your business size, industry, and risk level."]

[video: an illustrated header displays the text: "New business? You may want a budget friendly-claims policy."]

However, if you own a business with more assets at risk, it may be best to invest in an occurrence-based policy.

[video: an illustrated header displays the text: "Higher-risk? Several employees? An occurrence-based policy may be the best choice."]

Get the right coverage for your small business with Insureon today. Click the link to get started.

[video: an illustrated header displays the text: "Insureon is your #1 marketplace for small business insurance."]

[video: an animated header displays the Insureon logo"

Occurrence vs. Claims-Made Insurance: Why It Matters | Insureon (2024)

FAQs

Why is occurrence better than claims made? ›

The advantage to an occurrence policy is its permanence. The period of time you are insured under an occurrence policy is protected forever by the policy you had that year. You do not need to renew or buy a tail when you leave.

What is the purpose of a claims made form? ›

Insurance companies commonly write policies on a claims-made form. This means your insurer helps cover claims filed during your policy period. There are two features of a claims-made policy that can affect coverage: Retroactive date: Your policy provides coverage if an incident occurs on or after a specified date.

Do I want claims made or occurrence malpractice? ›

Occurrence policies provide the best protection and, though somewhat more expensive than claims made policies, offer long-term peace of mind. Unfortunately, they are becoming increasingly hard to find. Claims made coverage, by contrast, will only apply if the claim is made while the policy is still in effect.

What are the benefits of occurrence? ›

The most obvious benefit of an occurrence policy is that it offers long-term protection. As long as coverage is in place when the incident occurred, it's possible to make a claim on that period years into the future. Another advantage is that occurrence policy costs tend to be fixed.

What are the advantages of claims made? ›

Pros:
  • Simple to own and maintain (including switching insurers or plans)
  • Provide more coverage since aggregate limit renews each year.
  • Accommodate claims that don't produce lawsuits right away.

Which is cheaper claims made or occurrence? ›

Premium Cost: Typically for the first five years of coverage, claims-made policies tend to be less expensive than occurrence policies. However, this price typically tends to even out with occurrence policies as time goes on and your business faces more exposures.

What is the difference between Claims Made basis and occurrence basis? ›

Key Takeaways: A claims-made policy only covers those that occur and are reported within the policy's timeframe, unless tail coverage is also purchased. An occurrence policy provides lifetime coverage for incidents that take place during a policy period, regardless of when the claim is reported.

What triggers a claims-made policy to respond to an occurrence? ›

In the case of a claims-made policy, however, determination of coverage is triggered by the date you first became aware and notify the insurer of a claim or potential claim. The insurer's policy in force on the date you became aware and give notice is the insurer who must defend and settle the claim.

What is the explanation of Claims Made? ›

A claims-made policy refers to an insurance policy that provides coverage when a claim is made against it, regardless of when the claim event occurred. A claims-made policy is a popular option for when there is a delay between when events occur and when claimants file claims.

Can you go from occurrence to claims made? ›

Because the acts taking place during an occurrence policy are normally covered regardless of when the 'claim' is made, coverage for acts taking place during the policy period remains in place even after the occurrence policy expires or a switch is made to a claims-made policy.

Does claims made need tail coverage? ›

Tail coverage only applies to a claims-made policy. It extends the amount of time a claim can be brought against you and reported. Because it doesn't matter when a claim gets filed with occurrence insurance, as long as the loss occurred during your policy period, tail coverage isn't necessary.

What is the most common malpractice claim? ›

In no particular order, the following are types of the most common medical malpractice claims:
  • Misdiagnosis or delayed diagnosis.
  • Failure to treat.
  • Prescription drug errors.
  • Surgical or procedural errors.
  • Childbirth injuries.

What is the difference between occurrence claims and claims made? ›

Essentially, for a claim to be considered for coverage, an occurrence-based policy needs to be active when the act or incident occurs; claims made policies have to be active when the claim is made.

What is the occurrence limit for insurance? ›

Your insurance policy's per-occurrence limit is the maximum amount of money you'll get to cover a single incident. In comparison, your policy's aggregate limit is the highest amount of money the insurance company will pay you for all claims made during your policy period (usually one year).

What is the difference between accident and occurrence in insurance? ›

The term "occurrence" encompasses more than just an accident because accident is narrower in scope than occurrence. This can be seen in those cases decided before the occurrence wording was adopted. Accident, according to these cases, did not include coverage for damage occurring over time.

What is the most significant difference between the CGL occurrence and claims made forms? ›

Key Takeaways: A claims-made policy only covers those that occur and are reported within the policy's timeframe, unless tail coverage is also purchased. An occurrence policy provides lifetime coverage for incidents that take place during a policy period, regardless of when the claim is reported.

What is the difference between claims made and claims occurring policy? ›

A “Claims Made” policy provides coverage for claims when the incident is reported. A “Claims Occurring” policy provides coverage for when the incident occurred. An example would be if there was fault in work that you carried out ten years ago, but it has only just been reported today.

Can you switch from occurrence to claims made? ›

Claims-Made policies provide coverage for 'claims' only when BOTH the alleged incident AND the resulting 'claim' happen during the period the policy is in force! Switching from an "Occurrence" to a "Claims Made" form is the least perilous change.

What is the difference between per occurrence and per claim deductible? ›

A per occurrence deductible is like most auto or homeowners insurance you might be familiar with; you pay the $500, and that's the max you'll pay when something happens. But if your deductible is per claim, that means a separate deductible gets applied to every claim filed in a single occurrence.

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