Peer Reviewed
Medicine and the Law

How secure is your security?

Paul Nisselle
Abstract
For just over 100 years, doctors have sought their professional liability cover largely by buying membership of a mutual fund – to access membership benefits that include discretionary, claims-incurred, uncapped protection – rather than buying a claims-made, capped contract of insurance. What does it all mean?
Key Points
    Claims-incurred v. claims-made
    What’s the difference?

    ‘Claims-incurred’ cover. Protection is based on the date of the clinical incident that ultimately leads to a complaint or a claim, not the date upon which the complaint or claim becomes known to the doctor and notified to the insurer or mutual fund.

    ‘Claims-made’ cover. The relevant date is the date the doctor makes a report to the fund or insurer – that is, ‘makes a claim’ for assistance.

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