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In a previous article I issued a cautionary tale about the dangers inherent in switching professional liability insurers.See J. Steinberg, Risks of Changing Professional Liability Insurers (NYLJ, January 20, 2017). Specifically, I warned that so-called full prior acts coverage does not offer complete protection unless accompanied by continuity in the prior knowledge date in the existing policy.

To be clear, professional liability insurers (which write policies on a claims-made or a claims-made-and-reported basis) do not typically provide coverage for claims that are foreseeable at the time of transition and, therefore, there can be gaps in coverage even where back-to-back policies are in place.

This is a different result than when dealing with occurrence policies (like auto, homeowners or other general liability policies) which do not contain such prior knowledge provisions (that can be embodied in the insuring agreements or in the exclusions).