Skip to content
Senior Living Liability

Question

How much does a tail policy cost for a senior living operator?

Short answer

Tail pricing is quoted as a multiple of the expiring annual premium, commonly in a range from roughly one times for a one-year reporting period to two and a half or three times for an unlimited period, and the multiple is set in the policy at binding rather than negotiated when you need it.

What you are actually buying

A claims-made policy responds to claims first made during the policy period. When the policy ends, claims arising from care delivered while it was in force but reported afterward have no home. An extended reporting period, commonly called a tail, extends the window in which those claims may be reported without extending the window in which the underlying care could have occurred.

It is not new coverage. It does not add limit, and in most forms the tail shares the expiring aggregate rather than getting a fresh one. That single detail is worth checking, because an operator buying a tail after a bad final year may be buying reporting rights to a limit that is already partly consumed.

How the price is set

The multiple is stated in the policy conditions at inception. Typical structures run from roughly one hundred percent of the expiring annual premium for a one-year reporting period, to the range of one hundred and fifty to two hundred percent for three years, up to roughly two hundred to three hundred percent for an unlimited period.

Because the multiple is fixed at binding, it is a term to negotiate when you have leverage rather than when you are exiting. Ask for the tail factor in writing on every quote and treat a high factor as part of the price of the program, since an operator who ever sells, merges or changes carriers will pay it.

There is also usually a short election window, commonly thirty to sixty days after expiration, and it is strict. Missing it is one of the more expensive administrative errors available in this class.

The cheaper alternative most operators miss

You buy a tail when nothing continues the retroactive date forward. If the incoming carrier grants full prior acts, meaning it accepts your existing retroactive date, the new policy covers the old exposure and no tail is needed.

That makes prior acts the single most valuable thing to negotiate when moving markets, and it is why a quote that is cheaper but resets the retroactive date is usually not cheaper. Compare quotes on prior acts before comparing them on premium.

In a sale, the analogous move is to have the buyer assume the program or grant prior acts under its own program, which shifts the cost into the transaction where it can be negotiated alongside everything else.

When you have no choice

A true closure, a carrier exiting the class, or a buyer that refuses prior acts all force a tail purchase. In those cases buy the longest period you can, because the statute of limitations in senior care can run from discovery, and claims involving a resident who lacked capacity can surface years after the fact.

Budget for it. An operator winding down a facility with an annual professional liability premium in the low six figures should expect a tail cost in the same order of magnitude as one to three years of that premium, payable as a single amount.

Primary sources

Sources and references

This answer draws on the following regulatory, statutory, and standards-body sources. Coverage availability and program structure also depend on market appetite and underwriter discretion not captured by these sources.

Related practice areas

Insurance clauses in this area

Related questions

Have a more specific question?

A specialist will reach out by the end of the day.

Request a free coverage review

Last updated

Free coverage review

A specialist will reach out by the end of the day.

No marketing sequences, no list rental.