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Changing Employers? Keep Your Tail Covered!

A common question regarding employment, and particularly changes in employment, revolves around the idea of tail insurance coverage.  As such, this issue’s legal column explores what tail coverage is, why you need it, and who pays for it.

In general, there are two types of medical malpractice insurance policies: (1) claims made policies and (2) occurrence policies.  If an advanced practice nurse (“APN”) has a “claims made policy,” this means that the insurance will cover any claims that are made against the APN while that policy is in effect.  However, it will not cover claims that are made after the policy is terminated (i.e. the APN moves to a new practice or the practice changes carriers).  Anyone with a “claims made” policy should purchase a “tail” policy to be effective once the original policy ends.  The tail policy will extend insurance coverage for a set amount of time in order to protect the APN against lawsuits that may be brought at a later date even though the original policy is no longer in effect.  This tail should be purchased regardless of specialty.  In general, it is best to negotiate who is responsible for purchasing the tail before entering into an employment agreement.  Otherwise, the APN will likely hold full responsibility for purchasing the tail, unless his/her new employer will purchase it or a severance package can be negotiated with the former employer that includes tail coverage.

If an APN has an “occurrence policy,” this means that the insurance will cover any claims made against the APN for incidents that occurred while the policy was in place.  (A lawsuit will still be covered after the policy ends, so long as the actual incident at issue occurred while the policy was in effect.)  In this case, there is no need to purchase a tail policy, because the occurrence policy will continue to protect the APN for incidents that happened while the policy was in place.  This type of policy is becoming rare.  Most places now carry a “claims made” policy, but there are a few “occurrence policies” still used.

SHORT ANSWER:  Anyone coming off of a “claims made policy” should purchase a tail.

STRATEGIC TIP:  It is best to negotiate who will buy the tail during employment contract negotiations before employment even commences.  There are many ways this can be structured.

Article by Jeana M. Singleton taken from the OAAPN Newsletter Challenge, September 2009

Signet’s Anthony Manna: U.S. Deal Activity Remains Steady As China Responds To Coronavirus

“When SARS came around (in February 2003), China had about 4 percent of the global supply chain,” says Manna, founder, principal and chairman at the global private investment firm. “Now they have 16 percent, and you see this massive stimulus package being put in place to combat the coronavirus problem. China has already announced that they’re going to have more stimulus packages.”

Brennan, Manna & Diamond opens Stark office

As published in the Canton Repository, Tuesday, February 18, 2020 Akron-based law firm wants to serve existing and future Stark County customers. Summit County-based law firm Brennan Manna & Diamond has opened an office in Jackson Township.

Jeffrey C. Miller discusses "Guns and Drugs in the Workplace" at Legal Education event Feb. 20, 2020

On Thursday, February 20, 2020 at the Builder's Exchange Training Center in North Canton, Attorney Jeff Miller will be discussing guns and drugs in the workplace. Both are legal in Ohio, but what about the workplace? Jeff will discuss concealed carry and medical marijuana in the workplace, and employer options for addressing these emerging issues. In today's tight labor market, the correct policies and procedures on guns and drugs are crucial.

BMD Strengthens Presence with New Office in Canton, Ohio

CANTON, OHIO - Brennan Manna Diamond, LLC, a full-service law firm based in Akron, Ohio and with more than 70 attorneys, is expanding to Stark County. We are pleased to announce that we have opened a new office in Canton, Ohio. The new office is located at: 4518 Fulton Road, Suite 202, Canton, OH 44718.

FTC Supports Retiring the Ohio APRN Collaborative Agreement

As an industry leading advocate and general counsel for the Ohio Association of Advanced Practice Nurses, Brennan, Manna & Diamond attorney, Jeana M. Singleton, has been integral in efforts to bring an outdated regulatory structure into the 21st century by modernizing the law and expanding access to care.