Island Insurance Group · Florida Physician Coverage

Locum Tenens Malpractice Insurance With Prior Claims

A past malpractice claim does not automatically prevent a physician from obtaining coverage for locum tenens assignments. But the details of the claim, your specialty, assignment structure, and existing coverage all matter.

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The short answer

Can a locum tenens physician get malpractice insurance after a claim?

Possibly, yes. Insurance availability depends on the circumstances and status of the claim, specialty, loss history, requested limits, states of practice, and carrier underwriting rules. Some physicians may qualify for standard markets, while others require review by specialty or excess and surplus lines insurers.

Locum tenens coverage adds another layer: the physician must confirm who provides the insurance, whether it follows them across assignments, and what happens when an assignment ends.

Important: Do not assume a staffing agency’s policy covers every location, procedure, prior act, or claim. Obtain written confirmation of the insured parties, limits, policy form, coverage dates, and any exclusions.

What underwriters examine after a prior malpractice claim

Claim history and narrative

Number of claims, allegations, dates, amounts paid or reserved, and whether a matter remains open. A clear, accurate narrative provides context.

Specialty and clinical duties

Emergency medicine, anesthesia, surgery, obstetrics, telemedicine, and other duties may have materially different underwriting considerations.

Assignment arrangements

Staffing-agency work, direct 1099 contracts, moonlighting, multiple facilities, and changing states can affect policy requirements.

Coverage continuity

Prior-acts dates, claims-made versus occurrence forms, and any extended reporting period must be evaluated carefully to avoid gaps.

Agency coverage vs. your own locum tenens policy

A staffing agency or healthcare facility may arrange professional liability coverage for a specific assignment. Other contracts require the physician to purchase individual coverage. Neither arrangement should be assumed without reviewing the actual policy and contract.

  • Confirm named-insured status: Is the individual physician insured, or is only the staffing entity listed?
  • Verify limits: Are per-claim and aggregate limits adequate for the facility, state, and contract?
  • Review scope: Are the specialty, procedures, facilities, and states covered?
  • Check timing: When does coverage start and end, and who handles reporting of future claims?
  • Clarify tail or prior-acts obligations: Who pays if a claims-made arrangement ends?

For physicians with a prior claim, these details are especially important because a coverage gap can complicate future submissions and create uninsured exposure.

Claims-made, occurrence, and tail coverage for locum tenens

Claims-made coverage

Generally responds when a covered claim is made and reported during the policy’s applicable reporting period, subject to the policy’s terms and retroactive date. Changing assignments may require special attention to continuity.

Occurrence coverage

Generally responds to covered incidents occurring during the policy period, even if a claim is reported later, subject to the policy wording. Availability and cost vary by market and specialty.

Tail coverage is not automatic. An extended reporting period may be needed when claims-made coverage ends and prior acts are not picked up by replacement coverage. Review the actual contract and policy with your insurance professional.

How to prepare a stronger underwriting submission

  1. Gather loss runs from current and prior carriers, including details on open matters when available.
  2. Prepare factual claim narratives describing the allegation, clinical context, outcome, and any practice changes. Do not omit or misrepresent claims.
  3. Provide an updated CV and current license and board-certification information.
  4. List your planned assignments including states, facilities, specialty, procedures, hours, and expected start dates.
  5. Share current policy details including declarations, retroactive date, limits, and any available tail information.
  6. Start early so there is time for carrier review and follow-up questions before the assignment begins.
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Common questions about locum tenens malpractice coverage

Can I work locum tenens with a previous malpractice settlement?

Potentially. A settlement does not automatically determine eligibility. Underwriters will evaluate the underlying facts, specialty, payment, claim pattern, and other risk factors.

What if my previous malpractice claim is still open?

Open claims may require additional information and can limit available markets. Disclose the claim accurately and provide current status, reserves when available, and relevant documentation.

Does a staffing agency’s malpractice insurance cover my prior acts?

Not necessarily. Coverage depends on the policy form, retroactive date, insured status, and endorsements. Request the policy details and review them before relying on the arrangement.

Can one policy cover assignments in multiple states?

Some policies can accommodate multiple states or locations, but only if the insurer agrees and the policy terms allow it. Each state and assignment should be disclosed.

Will I need tail coverage when a locum tenens contract ends?

It depends on whether the coverage is claims-made or occurrence, whether prior-acts coverage continues, and the contract and policy terms. Confirm responsibility before signing an assignment agreement.

Does the free assessment provide an instant insurance quote?

No. The assessment collects underwriting information to help evaluate possible options. Coverage, pricing, and binding require insurer review and approval.

Explore related malpractice insurance resources

Island Insurance Group works with physicians facing specialized underwriting questions. Visit our main agency website for additional medical malpractice resources, including prior-claim, non-renewal, and specialty coverage topics.

If you’re an anesthesia professional working independently, see the related 1099 CRNA malpractice insurance resource (if published).

Have a prior claim and a new locum tenens assignment?

Start with an underwriting assessment, or contact Island Insurance Group to discuss the information insurers may need to evaluate your situation.

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Samuel Bennett · Licensed Insurance Agent
954-804-8144
sam@islandinsurancegroup.com
IslandInsuranceGroup.com

Educational information only; not an offer, binder, or guarantee of coverage. Policy availability, terms, and premiums depend on carrier underwriting, applicable laws, and the specific policy. Do not cancel existing insurance before replacement coverage is confirmed in writing.