Occurrence vs. Claims-Made Policy: Medical Malpractice Triggers, Tail Coverage, and FTCA Rules

Comparing an occurrence vs. claims-made policy is a foundational risk-management requirement in physician credentialing, advanced practice provider malpractice insurance, and clinical trial indemnification. Under National Association of Insurance Commissioners (NAIC) medical professional liability standards, an occurrence policy responds to any clinical injury that occurs during the policy year regardless of when the lawsuit is filed, whereas a claims-made malpractice policy responds only if the injury occurred on or after the retroactive date and the claim is reported while the policy or an Extended Reporting Period (tail) endorsement is active. In technology and clinical informatics contracting, errors and omissions (E&O) insurance follows the same claims-made reporting mechanics. Sources: NAIC Center for Insurance Policy and Research (CIPR) Medical Professional Liability Insurance standards (content.naic.org) and the HRSA Federal Tort Claims Act (FTCA) Health Center Policy Manual under 42 U.S.C. § 233(g)–(n) (bphc.hrsa.gov).