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TDIA

Med-Mal 101 / Lesson 06

Seven questions to ask before choosing a carrier.

How a physician can compare medical liability carriers, forms, and quoted coverage without mistaking a brand or price for protection.

A coastal highway curves past a MED-MAL 101 route sign

Two quotes can carry the same brand, limit, and premium while describing different legal insurers, policy forms, insureds, or reporting terms. Build the comparison from the issued documents that would govern a real claim, not from a carrier logo or brochure.

Start with one real episode: an established patient has a complication after a procedure, the physician has changed locations, and a demand arrives after renewal. Can the comparison show the legal insurer, policy period, retroactive date, insured entity, defense structure, reporting route, and any unresolved gap? If not, the quotes are not yet comparable.

1. What is the carrier's financial position?

A financial strength rating is an independent opinion about an insurer's ability to meet its obligations. It is not a coverage promise or a guarantee that a claim will be paid. Ask which organization issued the rating, what legal insurer it rates, and when it last changed.

Also confirm the exact legal name of the company on the quote. A carrier group can use several insurance companies with different licenses, admitted status, and financial statements.

Use the California Department of Insurance company search to confirm the company record and California status. For surplus-lines coverage, identify whether the insurer appears on CDI's current List of Approved Surplus Line Insurers and obtain the required nonadmitted-insurer disclosure. That status does not make the insurer admitted or provide guarantee-fund protection. The disclosure explains that the insurer does not participate in California insurance guarantee funds and that those funds will not pay claims or protect assets if it becomes insolvent.

2. Is the policy claims-made or occurrence?

The form controls which policy period can potentially respond. An occurrence policy generally starts with a covered occurrence or professional service during its policy period.

A claims-made policy generally requires a qualifying claim made and reported as its terms require, plus prior work on or after its retroactive date. Definitions, exclusions, insured status, and notice conditions still matter. Read how claims-made and occurrence policies differ before comparing premiums.

3. What happens when the policy ends?

Ask how the policy addresses earlier care after cancellation, nonrenewal, job change, practice sale, or retirement. Read the extended-reporting provision before you buy.

Ask whether the proposed policy accepts the physician's needed retroactive date and prior work, subject to its known-matter, related-claims, insured-status, and reporting terms. Confirm any death, disability, or retirement conditions in the policy language. Neither an extended reporting period nor accepted prior acts is automatic.

Do not rely on a general description of tail coverage. Ask for the applicable provision, election window, eligibility conditions, limits, aggregate treatment, reporting period, covered work, exclusions, payer, and a written estimate or offer when available.

4. How does the policy handle a claim?

Read the defense-and-settlement provisions for control of the defense, counsel selection, consent to settle, and cost allocation. Ask how the carrier communicates with the insured physician; this can be a claims-service practice rather than a policy promise. In California, also identify how the policy implements the insured's statutory written-consent right to a settlement.

Confirm whether defined defense expenses reduce the per-claim limit, aggregate, both, neither, or a separate cap. A declarations page can show identical limits for policies with different defense structures, deductibles, self-insured retentions, or exhaustion terms. Compare defense-cost structures.

5. Who and what does the policy cover?

Map each real person, entity, professional service, site, telehealth jurisdiction, and supervisory or medical-director role to the exact named-insured, additional-insured, professional-services, exclusion, or endorsement language. Employment, credentialing, a certificate, or a group agreement does not itself establish insured status.

Read the exclusions and sublimits. A sublimit is a smaller limit for a specific covered expense or event.

Check whether the policy addresses board-proceeding defense, telehealth, privacy or cyber events, and medical-director work when those exposures exist. Do not assume that related work is included because it uses the same professional title.

6. How will the policy change with the practice?

Identify the person who handles additions and policy changes. Ask how the issued terms require notice, endorsement, or another application for a new clinician, location, procedure, entity, medical directorship, or telehealth state.

Confirm the recipient, method, required contents, and deadline for urgent claim and circumstance notices. Preserve both the policy notice clause and the carrier's current reporting contact. A broker discussion or intake call is not proof that notice was received unless the policy's terms say it is.

7. What must the application disclose?

An application gives the carrier facts used for underwriting. Complete it accurately with the information it requests. It does not amend the issued policy or establish coverage.

Ask how the policy defines a claim, incident, procedure, location, and related entity. Report changes during the policy period when the policy requires notice.

Keep a copy of the signed application. Compare it with the final policy and endorsements.

Compare the answers in a table

Use a separate column for each carrier. For every answer, name the controlling document and page. Put the legal insurer beside the company record, the rating beside the rating report, the retroactive date beside the declarations, the tail term beside the policy provision, and settlement rights beside the settlement clause.

Then record the comparison facts that a first-year premium can hide:

  • First-year and mature premium assumptions.
  • Extended-reporting eligibility, price basis, election deadline, and payer.
  • Deductible or self-insured retention.
  • Per-claim and aggregate limits, including whether defense erodes them.
  • Shared-insured and shared-aggregate exposure.
  • Each relevant sublimit or exclusion.
  • Prior-acts and retroactive-date result.

Put the operative document and page beside each answer. A lower first premium can produce a higher total cost or less protection, but the actual policy terms and practice facts decide the comparison.

Repeat the comparison at renewal. The practice can add people, services, states, or entities. The carrier can change forms or endorsements. Select a carrier only after the issued policy, endorsements, and declarations match the practice on the effective date.

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