What is an Occurrence policy?

An occurrence policy protects you from any incident occurring while the policy is in force. The policy
then covers those incidents forever. For example, you buy a policy in 1995, treat Client X in 1996 and
terminate the policy 1997. In 2000, Client X sues you for an incident that occurred in 1996. You are
covered, because you were insured when you treated Client X. With an occurrence policy, it does not
matter if you are covered when the suit is brought.

1995 1996 1997 1998 1999 2000

Start Policy Treat Client X End Policy Client X Sues

What is a “claims-made” policy?

A claims-made policy covers you for any covered claim provided it meets two criteria:

• You are insured when the claim is made. If you no longer need coverage, you can
purchase a “tail” to protect you for the past (see tail).
• You have continually renewed the policy from the time the incident occurred (the
psychological service you provided that is the source of the suit) until the time the claim
is made. (See retroactive date)

In this example you buy a claims-made policy in 1995 and renew it every year. You treat Client X
from 1996 to 1997. In 1999, Client X decides to sue for the services you provided in 1996 and 1997.
You are covered because: 1) you are continuously insured up to when the claim is made and 2) the
treatment was provided after the policy started in 1995.

1995 1996 1997 1998 1999 2000

Start Policy Treat Client X Client X Leaves Client X Sues

What is a Retroactive date?

Your retroactive date is the start date of the first claims-made policy you are actively renewing. You
are covered for any covered incident as long as it occurs on or after your retroactive date (also known
as prior acts date). That date remains the same and is not advanced as long as you renew your
policy. Using the example above, if you have a prior acts date of 2003 on your policy and it is now
2008, your policy covers you for the last five years. Your retroactive date is also portable. If you are
currently insured with someone else for professional liability, you can bring that coverage with you to
the Trust. The Trust will endorse your new policy with your old prior acts date. Here is an example:

You are insured with Acme Insurance Company on a claims-made policy and you have been with
them since 2003. That means you have a retroactive date of 2003. In 2008, you switch to the Trust
and ask for prior acts coverage. We would issue you a new policy that includes coverage back to
2003. Your policy would be identical to someone who bought a Trust policy in 2003 and was actively
renewing.

What is the difference between prior acts and a retroactive date?

A prior acts date is the same thing as a retroactive date. The terms are used interchangeably. A
claims-made policy covers you for claims-made during that one policy year. The retroactive date
allows you to also add coverage for incidents that happen after your retroactive date. The process of
covering those past years is called prior acts.
What is a nose?

A nose is another way of referring to your retroactive date or prior acts coverage. Since prior acts
coverage covers you for what happened prior to your current policy, it is called a nose (as opposed to
a "tail").

I am currently insured with someone else. How do I switch my coverage to the Trust?

The Trust has worked hard to simplify switching over. If you are currently insured elsewhere, simply
submit an application and include proof of coverage from your most recent policy that shows your
retroactive date. An experienced underwriter will review your application and your past coverage and
work with you to make sure there are no gaps in coverage. You are only eligible for this option if you
have current active coverage with another carrier. Don’t forget to take a 10% discount. If you switch
your professional liability coverage to the Trust from another company, the Trust will give you 10%
off your first year's premium. In order to qualify, you must own the previous policy. You are not
eligible for the switchover credit if you were previously covered by your employer. Proof of coverage
can be a copy of your declarations page, a memorandum or verification of insurance, or any other
valid documentation from your previous insurance company.

How much does prior acts/nose coverage cost?

Claims-made policies have a graduated rate schedule. The first year rate is fairly low. Each year the
rate increases until it caps and levels at the seventh and subsequent years. When you purchase a
new policy from the Trust you start at the first year rate. If you purchase prior acts, you start at the
rate that represents the number of years of prior acts you have. Here is how it works:

• Example 1: You started a claims-made policy with Acme Insurance in 2000. You have
renewed the policy and maintained your 2000 prior acts date. In 2003 you apply to the
Trust. The Trust starts you at the fourth year rate, because you spent three years with
Acme, plus you are purchasing a new year of coverage.
• Example 2: You started your claims-made coverage with Other Insurance Company in
1984 and have maintained your policy. Now you are ready to move to the Trust. What
step are you charged? Our rates mature in the seventh year, so even though you were
with the last company for more than 20 years, you pay the seventh year step rate.

What is the tail?

The tail is actually called an Extended Reporting Period (or ERP, for short). The tail gets its name
because it becomes active after your policy has terminated (that is, you only purchase the tail
endorsement when you terminate a claims-made policy). The “tail” endorsement allows you to report
claims that come in after the policy is terminated for covered incidents that occurred while you were
insured. For example: You buy a claims-made policy in 1995. You terminate the policy in 1998 and
buy the tail. The tail allows you to report claims that are brought against you after you drop the
policy, as long as the incident occurred while you were insured from 1995 to 1998.

In the illustration below, you buy a policy in 1995 and renew until 1998. You cancel the policy and
buy the unlimited tail in 1998. Years later Client X sues you for services you provided while insured.
You are covered because 1) you extended the time you had to report the claim indefinitely and 2) the
service in question was provided while you were covered by the underlying policy.

1995 1996 1997 1998 1999 2000

Start Policy Treat Client X Client X Leaves Buy the Tail Client X Sues

The premium is a onetime cost of 175% of your final year’s premium. Once you purchase the tail, you
retain coverage forever. You have 60 days from the time your policy expires to purchase the tail. You
cannot be denied tail coverage, even if your policy is non-renewed or cancelled.
Do I need a tail for my occurrence policy?

No. The occurrence policy already guarantees coverage for what happened while you were insured.
Since you are already covered, tail coverage is not necessary.

Is there a way to get the tail free?

Yes. The tail is free if you retire, become disabled or die while insured with a claims-made policy. The
carrier must be notified within 60 days of the termination of your policy to issue the free retirement
tail. If you die or become disabled, the carrier should be notified within a year.

Which coverage is better, claims-made or occurrence?

Most experts agree that the right coverage for you depends on your circumstances both now and in
the future. Both policies cover you for “the practice of psychology.” Both policies are issued by the
same insurance company, offer the same policy limits and discounts, have the same endorsements,
and provide Defense outside the limits. Some advantages you may consider:

• The claims-made policy offers greater flexibility, because your last year’s policy is the
one covering your past (prior acts). Thus, you can increase your limits or buy a new
coverage that was not available when you started your policy. Since the policy in force
at the time of the claim responds (not the policy you had when you provided the
service), you get the benefit of the enhanced coverage. Claims-made coverage is
portable. You can take the coverage from one insurance company to another.
• 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 the tail when you leave.

What is the difference in cost between a claims-made policy and an occurrence policy?

The claims-made policy costs at least 35% less when you compare the cost of buying a claims-made
policy and the unlimited tail against having occurrence coverage for the same period. The savings
increase if you qualify for a free death, disability or retirement tail.