Professional liability insurance (Errors & Omissions, or E&O) for U.S. businesses is commonly written on a claims-made basis. That creates an exposure when you stop an active policy: a claim that arises later but relates to past work may not be covered unless you secure tail coverage (an Extended Reporting Period). This guide explains what tail coverage is, how it’s priced in markets like California, New York and Texas, practical buying strategies, and sample market figures so you can make a commercial decision for your firm.
Quick definitions (for busy decision-makers)
- Claims-made policy: Covers claims reported while the policy is active (and after, if you buy tail).
- Occurrence policy: Covers acts that occurred during the policy period regardless of when the claim is reported.
- Tail coverage (Extended Reporting Period—ERP): Adds time after policy termination to report claims arising from work performed during the policy period.
- Nose (prior acts) coverage: The retroactive protection that must exist on a new policy to cover past acts without buying tail from the old carrier.
See the deeper analysis of policy triggers and deciding factors in Claims-Made vs Occurrence: Choosing the Right Professional Liability Insurance (Errors & Omissions) Trigger.
Why tail coverage matters (real-world scenarios)
- You leave a digital agency in San Francisco. Two years later a client sues over a website flaw. Without tail, your old claims-made E&O policy won’t respond.
- You close an accounting practice in Austin, TX. Past tax-year work leads to a claim; only an ERP or an occurrence policy can protect you.
- You switch carriers in New York and the new policy’s retroactive date doesn’t reach back to work done under your old insurer — tail or nose coverage is required.
For more on retroactive dates and trading tail vs nose exposure, see Retroactive Dates Explained for Professional Liability Insurance (Errors & Omissions) Policies.
Types of tail / ERP options
- Basic ERP (short-term): Often 12–24 months. Cheaper, but may be insufficient for long-tail exposures (e.g., professional malpractice).
- Unlimited ERP: Lets claims be reported indefinitely for acts during the policy period. Costlier, but commonly chosen on retirement or firm closure.
- Run-off policy: A separate claims-made policy that functions like an ERP for specified past acts.
- Conversion to occurrence: Rare and usually unavailable; insurers typically sell ERPs instead.
Typical costs and market examples (U.S., 2024 estimates)
Tail pricing varies by industry, limits, claims history, and state regulation. Below are market-typical estimates and insurer examples for U.S. small-to-mid sized professional firms (consulting, technology services, design, accounting). These are illustrative ranges — contact carriers/brokers for firm-specific quotes.
| Item | Typical range (U.S.) | Example / Notes |
|---|---|---|
| Solo consultant E&O annual premium | $400 – $2,000 | Lower-risk professions in Texas or Florida at lower limits |
| Small firm (5–10 pros) annual premium | $2,500 – $15,000 | Depends on revenue, limits, claims history |
| Short-term ERP (12–24 months) | 25% – 75% of expiring annual premium | Cheaper but may be insufficient for professional services |
| Unlimited ERP / full tail | 100% – 300% of expiring annual premium | Common industry rule: 1–3x annual premium |
| Run-off policy (per year) | Similar to short-term ERP or proportional | Negotiated with insurer or market |
Source references for industry guidance: Investopedia (tail overview), Insureon (tail and cost considerations), National Association of Insurance Commissioners (consumer guidance). See:
- https://www.investopedia.com/terms/t/tail-coverage.asp
- https://www.insureon.com/small-business-insurance/coverage/tail-coverage
- https://content.naic.org/sites/default/files/inline-files/what-you-need-to-know-about-claims-made-policies.pdf
Company examples (illustrative)
- Hiscox: Known for small business E&O plans (consultants, designers). Small-business E&O policies often start around $400–$1,200/year for low-exposure solo professionals; vendors report tail/ERP pricing as a multiplier of expiring premium. Contact Hiscox for an exact ERP quote per state (e.g., California).
- The Hartford / CNA / Travelers / Chubb: National carriers offering mid-market and enterprise E&O. For mid-market firms in New York or Chicago, annual E&O premiums commonly range $5,000–$25,000, and unlimited tail may run 1.25x–2.5x annual premium depending on class and claims history.
(These company figures are market examples — obtain firm-specific quotes with your broker. See carrier pages and consult your agent.)
When to buy tail: key triggers
Buy tail when any of the following occurs:
- You’re retiring or permanently closing a practice.
- You leave employment and will no longer be covered by your employer’s claims-made policy.
- You switch from a claims-made policy to an occurrence policy but need to fill a retroactive gap (rare).
- Your new carrier will not provide adequate retroactive (nose) coverage for past acts.
If staying in the same profession and continuing E&O under a new insurer, an alternative is negotiating nose/prior-acts coverage on the new policy; this is often cheaper for predictable transitions. Learn transition strategies in Nose Coverage, Tail Coverage and Transition Strategies for Professional Liability Insurance (Errors & Omissions).
Negotiation tips & practical steps (California, New York, Texas focus)
- Ask your broker for multiple ERP structures: 12/24/60 months and unlimited — compare prices. In California (San Francisco/Los Angeles), tech consultants often prefer unlimited ERP because of latent defect risk.
- Use claims history to bargain: Clean history typically reduces tail cost materially.
- Get written nose (retroactive acts) when switching carriers: New York firms switching carriers should prioritize a retroactive date that covers prior work rather than relying on expensive tail purchases.
- Consider an indemnity escrow or employer assumption: When joining a firm in Austin or Dallas, negotiate that the new employer assume liability for prior acts (rare but possible).
- Time your policy termination: Align ERP purchase with policy cancellation to avoid coverage gaps or duplicate premiums.
For a checklist when evaluating claims-made vs occurrence choices, see A Practical Checklist for Evaluating Claims-Made vs Occurrence Professional Liability Insurance (Errors & Omissions).
Common mistakes (and how to avoid them)
- Assuming your personal retirement will eliminate exposure — buy unlimited ERP if closing practice.
- Failing to verify retroactive dates on a new policy (a frequent pitfall during carrier switches).
- Accepting a short ERP when your professional work typically has long-tail claims (architects, CPAs, software developers).
- Not getting ERP costs in writing — always request a written endorsement quote with tear-off terms.
Final decision framework (short)
- Determine your exposure window (how long can claims arise from past work?). High-exposure professions often need unlimited ERP.
- Obtain ERP quotes (12/24/60 months and unlimited) from your current carrier.
- Compare ERP cost vs. nose coverage on the new carrier — negotiate retroactive date if switching.
- If retiring or closing, strongly consider unlimited ERP.
- Document everything and secure a written endorsement.
Sources and further reading
- Investopedia: Tail coverage overview — https://www.investopedia.com/terms/t/tail-coverage.asp
- Insureon: Tail coverage and cost considerations — https://www.insureon.com/small-business-insurance/coverage/tail-coverage
- NAIC: Consumer guidance on claims-made policies — https://content.naic.org/sites/default/files/inline-files/what-you-need-to-know-about-claims-made-policies.pdf
For related strategic topics in the same cluster, see:
- Claims-Made vs Occurrence: Choosing the Right Professional Liability Insurance (Errors & Omissions) Trigger
- Retroactive Dates Explained for Professional Liability Insurance (Errors & Omissions) Policies
- Nose Coverage, Tail Coverage and Transition Strategies for Professional Liability Insurance (Errors & Omissions)
Bold action item: if you operate in California (San Francisco / Los Angeles), New York City, or Texas (Austin / Dallas), contact your broker now for a written ERP quote before a job change or practice closure — ERP pricing moves quickly and is negotiable.