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Senior Living Liability
LimitsNegotiable

Extended Reporting Period (Tail Coverage)

What this clause says

The Named Insured shall have the right, upon payment of an additional premium of 200% of the expiring annual premium, to purchase an Extended Reporting Period of thirty-six months for Claims first made after the end of the Policy Period arising from acts occurring prior to the end of the Policy Period.

What this actually means

A tail, formally an extended reporting period, lets you report claims after a claims-made policy ends, for incidents that happened while it was in force. It does not extend coverage for new incidents. It only extends the window for reporting old ones. The purchase right, the length, and the price multiplier are all set in the policy before you ever need it.

What it means for an operator

Tail matters most at exactly the moments when cash is tightest: a sale of the business, a change of ownership, a closure, or a move to a market that will not match the retro date. Tail premiums are commonly quoted as a multiple of the expiring annual premium, and for a multi-facility senior care program that is a real number that has to be budgeted rather than discovered. Read three things now, not at the exit: how long the tail runs, what multiplier applies, and whether the right to buy it survives if the carrier is the one who non-renews you. In an acquisition, who pays for the tail is a negotiable deal term, and sellers who have not read this clause tend to lose that negotiation.

How this evaluates

The Policy Checker applies these rules in order; the first match wins.

coverage trigger equals occurrence -> Compliant: Occurrence coverage does not require a tail, because it responds based on when the incident happened. coverage trigger equals claims-made -> Borderline: On claims-made coverage the tail is a live issue. Confirm the length, the premium multiplier, and whether the purchase right survives a carrier-initiated non-renewal.

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