If you’re planning to retire, step away from private practice, or transition out of law for any reason, there’s one topic you cannot afford to misunderstand: extended reporting periods, often referred to as “tail coverage.”
Recently, I read an article published on the Professional Liability Underwriting Society blog, authored by Lucas Roberts, that does an excellent job of reinforcing an important—and often overlooked—point about tail coverage. It’s a point worth emphasizing because getting it wrong can leave you exposed at exactly the wrong time.
What an Extended Reporting Period Really Does
Many attorneys assume that purchasing tail coverage (or qualifying for a free tail) automatically protects them from any issues that arise after their policy ends. That assumption can be dangerous.
An extended reporting period does not extend the time to report claims you already know about.
Instead, it allows you to report claims that are first made against you and first become known to you during the extended reporting period—after your policy has ended.
That distinction matters.
Known Claims Must Be Reported Before You Tail Out
Before canceling your policy or requesting tail coverage, you must take the time to review your files carefully. Any claim—or even a potential claim—that you are aware of must be reported to your carrier before the policy ends.
This is true whether you are:
- Purchasing tail coverage, or
- Qualifying for a free tail under your policy
Failing to report known issues before tailing out can result in a claim being denied later due to late reporting—even if you have an extended reporting period in place.
Why This Step Is So Important
Here’s the situation you want to avoid:
You retire or leave practice.
You tail out your policy.
A claim surfaces during the extended reporting period.
You report it—only to learn that the carrier declines coverage because the issue was known before the policy ended and was never reported.
At that point, you may find yourself personally responsible for a claim you assumed was covered.
The Right Way to Protect Yourself
Before you tail out:
- Review your open and closed files carefully
- Identify any actual or potential claims
- Report those issues to your carrier before canceling the policy
- Then proceed with tail coverage—free or purchased
Taking these steps helps ensure that the coverage you believe you have is actually there when you need it.
Final Thoughts
Extended reporting periods are a valuable protection—but only when they’re understood and used correctly. Don’t let a technical misunderstanding undo years of careful risk management.
If you’re approaching retirement or considering a transition out of practice, now is the time to review your coverage and make sure everything is handled properly.