Claims-Made vs Occurrence Insurance: What Is the Difference?

An occurrence policy covers incidents that happen while it is active, no matter when the claim is filed. A claims-made policy covers claims first made and reported while it is active, for work done after its retroactive date. Professional liability (E&O), cyber, EPLI, and D&O are usually claims-made; general liability is usually occurrence. With claims-made, the retroactive date and tail coverage decide what is covered.

By Trella Commercial · Updated October 23, 2026

The short version

  • Occurrence: the policy in force when the incident happened pays, even if the claim arrives years later and the policy has ended.
  • Claims-made: the policy in force when the claim is made and reported pays, as long as the work came after the retroactive date.
  • Most professional and management policies are claims-made: E&O, cyber, EPLI, and D&O.
  • Claims-made needs continuity. Keep the same retroactive date when you renew or switch, and buy a tail when you stop.
  • Report fast in Washington. A Washington court enforced a claims-made policy's reporting deadline without requiring the insurer to show the late notice harmed it.

Side by side

OccurrenceClaims-made
Which policy paysThe one in force when the incident happenedThe one in force when the claim is made and reported
Coverage after the policy endsYes, for incidents during the policy periodOnly with an extended reporting period (tail)
Earlier workCovered by the earlier policy that was in forceCovered back to the retroactive date
Switching insurersSimpleKeep the retroactive date, or past work loses coverage
Closing or retiringNo extra purchase neededBuy a tail
Common forGeneral liability, commercial auto liabilityE&O, cyber, EPLI, D&O, some umbrellas

The NAIC describes it the same way: under a claims-made policy, the policy in effect when the claim is reported responds, and coverage applies while the policy is in force and during any extended reporting period; an occurrence policy covers losses that occur during the policy period, even after it is canceled.

An example

A consultant delivers a project in 2024. The client discovers a problem in 2026 and makes a claim.

SituationOccurrence policyClaims-made policy
The consultant kept the same coverage the whole timeThe 2024 policy paysThe 2026 policy pays, because 2024 is after the retroactive date
The consultant switched insurers in 2025 and the new policy's retroactive date is 2025The 2024 policy paysNot covered: the 2024 work is before the new retroactive date
The consultant closed the business in 2025 without a tailThe 2024 policy paysNot covered: no policy was in force when the claim was made
The consultant closed in 2025 and bought a three-year tailThe 2024 policy paysCovered, because the claim came within the tail

Retroactive date and prior acts

The retroactive date is the earliest date of work a claims-made policy covers. A market study prepared for Washington's Office of the Insurance Commissioner describes it as the earliest date of acts for which claims made during the policy will be covered. The same study warns that an organization whose insurer leaves the market may find new coverage only without prior acts, and that a tail from the departing insurer is not always available.

When you switch insurers, ask the new insurer to match your existing retroactive date. That is often called prior acts coverage.

Tail coverage (extended reporting period)

A tail extends the time to report claims after a claims-made policy ends, for work done before it ended and after the retroactive date. You usually need one when you:

  • Close, sell, or merge the business
  • Retire or stop practicing
  • Switch to a policy that will not honor your retroactive date

Some contracts require it. Washington's statewide IT contract 14822 requires claims-made coverage to stay in place for at least three years after the contract ends, and Idaho Department of Education solicitations require a 24-month tail or a qualifying retroactive date. Idaho's real estate E&O rule requires at least a 90-day extended reporting period. How long a tail you need depends on how long claims can arrive: in Washington, a negligence claim generally must be filed within three years, and courts often start that clock when the client discovers or should have discovered the problem; in Idaho, a malpractice claim against a licensed professional generally has two years from the act, once some damage has actually occurred; and claims on a written contract can run longer (six years in Washington, five in Idaho).

Washington's claims-made notice rule

Washington usually requires an insurer to show it was harmed before denying coverage for late notice. That rule did not save the insured in Safeco Title Insurance v. Gannon (1989). The claim was first made after his claims-made policy had expired. He had known about the problem while the policy was in force but did not give the insurer written notice before it ended, and the Court of Appeals held the insurer did not have to show harm to deny coverage. Report claims, and circumstances that could become claims, as soon as you learn of them.

Common questions

What is the difference between claims-made and occurrence?

An occurrence policy covers incidents that happen during the policy period, whenever the claim is filed. A claims-made policy covers claims first made and reported during the policy period, for work done after the retroactive date.

Which is better, claims-made or occurrence?

Occurrence is simpler, because coverage stays with the year the incident happened. But most professional liability, cyber, EPLI, and D&O policies are written claims-made, so the practical goal is managing a claims-made policy well: keep the retroactive date and buy a tail when needed.

Do I need tail coverage?

If you have a claims-made policy and you close, sell, retire, or switch to a policy with a later retroactive date, usually yes. Without a tail, claims made after the policy ends are not covered, even for work done while you were insured.

Is professional liability insurance claims-made?

Usually. That is why E&O questions focus on retroactive dates, continuous coverage, and tails. Washington's lawyer disclosure rule even describes qualifying malpractice insurance as covering "claims made against the lawyer," with limits "for all claims submitted during the policy period."

Sources

This guide is general information. Coverage depends on the policies actually issued. Reviewed October 2026.

More in this guide

  • Professional Liability (E&O) Insurance for Washington and Idaho Businesses

    The complete guide this page is part of.

  • Professional Liability Insurance for Consultants

    Professional liability and errors and omissions (E&O) insurance for consultants and advisors in Washington and Idaho: what it covers, what client and government contracts require, how much to carry, claims-made and tail coverage, AI-assisted work, and what else consultants usually need.

  • How Much Does Professional Liability (E&O) Insurance Cost?

    What drives the cost of professional liability and errors and omissions (E&O) insurance for Washington and Idaho businesses: your profession and services, revenue, limits and deductible, claims history, contract requirements, retroactive date, defense terms, and how to lower the premium without losing coverage.

  • Tail Coverage (Extended Reporting Period) for Professional Liability

    What tail coverage, or an extended reporting period, is and when you need it: closing, selling, or retiring from a business, switching insurers, and contracts that require it. How long a tail to buy in Washington and Idaho, and what a tail does and does not cover.

  • How Much Professional Liability (E&O) Insurance Do I Need?

    How to choose professional liability (E&O) limits: per claim and aggregate limits, what Washington and Idaho contracts and rules require, defense costs inside or outside the limits, deductibles, limitation of liability clauses, and when $1 million is not enough.

  • Professional Liability vs General Liability: What Is the Difference?

    The difference between professional liability (E&O) and general liability insurance: what each covers, real examples, why general liability excludes professional mistakes, claims-made vs occurrence, additional insured differences, and why most service businesses and client contracts need both.

  • Tech E&O Insurance for Software, SaaS, and IT Companies

    Technology errors and omissions (tech E&O) insurance for software, SaaS, and IT companies in Washington and Idaho: what it covers, how it combines with cyber, what state and client contracts require, limits, claims-made terms, AI features, and common gaps.

  • Insurance for Independent Contractors, Freelancers, and 1099 Consultants

    Insurance for independent contractors, freelancers, and 1099 consultants going out on their own in Washington and Idaho: professional liability (E&O), general liability, cyber, workers comp rules for sole proprietors, what client contracts require, and how coverage moves with you from employee to business owner.

  • My Contract Requires Professional Liability (E&O) Insurance. What Now?

    What to do when a client contract, MSA, or government solicitation requires professional liability or errors and omissions (E&O) insurance: reading the limits, claims-made and tail terms, insurer rating, additional insured, certificates, real Washington and Idaho examples, and how to get covered before work starts.

  • Professional Liability Insurance for Architects and Engineers

    Professional liability (E&O) insurance for architects, engineers, land surveyors, and interior designers in Washington and Idaho: licensing rules, what owner and design-build contracts require, six-year construction claim periods, project policies, tail coverage when you retire, and common gaps.

  • Insurance for Marketing, Advertising, and Creative Agencies

    Insurance for marketing, advertising, design, and creative agencies in Washington and Idaho: professional liability (E&O) for campaigns that miss, media liability for copyright and defamation claims, why general liability may not cover an agency's advertising work, AI-generated content, client data and cyber, and what client contracts require.

  • Which Professions Must Carry Professional Liability Insurance in Washington and Idaho?

    Which professions Washington and Idaho law requires to carry professional liability or errors and omissions (E&O) insurance, or to disclose that they do not: lawyers, real estate licensees, escrow agents, structural pest inspectors, interior designers, and the professions with no requirement, including architects, engineers, CPAs, home inspectors, appraisers, and insurance agents.

  • Waiver of Subrogation Explained

    What a waiver of subrogation is, why contracts and leases require it, how it works on general liability, auto, property, and workers comp, the endorsement you need, how Washington's state-run workers comp changes the picture, and how it differs from waiving workers comp immunity.

  • Additional Insured Explained

    What additional insured means, why clients, general contractors, and landlords require it, the endorsement you need (ongoing and completed operations, blanket or scheduled), why a certificate alone is not enough, primary and noncontributory wording, which policies it applies to, and real Washington and Idaho contract examples.

Find out what your current policies actually cover.

Send us what you have. We review it line by line against your leases and contracts, and tell you plainly what is missing. Free, and no obligation.