Medical Malpractice Insurance With an Open Claim
An unresolved malpractice claim does not automatically mean you cannot obtain coverage. Underwriters will look closely at the allegations, reserves, current policy, specialty, and timing of your application.
Start Free Underwriting Assessment →Visit Island Insurance GroupCan you get malpractice insurance while a claim is open?
Possibly. An open claim can narrow available insurance markets, affect premiums or terms, or require further review, but eligibility depends on the complete underwriting picture. A pending lawsuit, a reported incident and a paid claim are not interchangeable. The insurer will consider the current claim’s facts and likely exposure as well as the physician’s overall history.
Island Insurance Group helps Florida healthcare professionals prepare submissions for consideration by appropriate medical professional liability markets. No outcome or acceptance is guaranteed.
What underwriters want to know about an open claim
Allegations and clinical context
What is alleged, what procedure or encounter was involved, and what clinical facts are documented? A concise, accurate narrative matters.
Current status and reserves
Is the matter in discovery, mediation, or litigation? What indemnity reserves are shown in the carrier’s current loss runs? Reserves can change.
Specialty and current practice
Procedure mix, patient volume, facility privileges, supervision arrangements, and any changes made after the incident may affect review.
Policy history and continuity
Claims-made or occurrence form, retroactive date, renewal date, current limits, and prior-acts or extended reporting endorsement options all matter.
How to prepare an underwriting submission
- Request current loss runs from the existing or prior insurer, including open and closed matters.
- Prepare a factual claim narrative describing the event, allegations, current procedural status, and relevant changes in practice. Coordinate with defense counsel where appropriate; do not disclose privileged information unnecessarily.
- Collect your current declarations page and confirm expiration, limits, policy form and retroactive date.
- Document your present practice, including specialty, procedures, locations, work status and anticipated revenue or patient volume when requested.
- Allow time for review. Some insurers require supplemental applications, additional claim information or updated loss runs before indicating terms.
Open claim vs. closed claim: why the distinction matters
A closed claim may have a known outcome and paid amount. An open claim can have uncertain ultimate severity, even if no payment has been made. Underwriters may weigh allegations, defense posture, reserve changes, claim age and potential future exposure. Multiple claims, non-renewal, or an existing coverage gap can further complicate placement.
If your current insurer has issued a non-renewal notice, see our Florida medical malpractice insurance resources and begin reviewing replacement coverage before your policy expires. Do not cancel an existing policy based on an assumption that replacement coverage is available.
Claims-made coverage, retroactive dates and tail protection
With claims-made coverage, both the timing of the alleged incident and when the claim is first made and reported can affect which policy responds, subject to policy language. A new carrier may or may not agree to cover prior acts. An extended reporting period endorsement (often called tail coverage) can address certain reporting needs for an expiring claims-made policy, but it does not automatically cover new incidents after termination.
Important: An existing open claim should be reported and handled according to the terms of the applicable policy. Changing insurers does not transfer responsibility for an already reported claim to the new insurer. Have your broker and, when appropriate, coverage counsel review the specific dates and terms before switching.
Which healthcare professionals may need this guidance?
Surgeons and procedural specialists
Review the alleged procedure, severity, surgical volume, and changes in technique or protocols.
Anesthesiologists and CRNAs
Describe anesthesia setting, independent contractor status, supervision or collaboration arrangements, and case mix.
OB-GYNs and other high-exposure specialties
Document the scope of practice, deliveries or procedures, and current facility requirements.
Psychiatrists and outpatient physicians
Clarify treatment setting, prescribing practices, patient population and risk-management procedures.
Frequently asked questions
Will an open malpractice lawsuit automatically disqualify me?
No universal rule applies. Some insurers may decline to consider the risk while others may review it based on specialty, allegations, reserves, claims history and other underwriting information.
Can I change carriers while a malpractice claim is pending?
Potentially, but replacement coverage, prior-acts treatment and the handling of the existing claim must be evaluated carefully. Do not assume the new policy covers the pending matter.
Do I need loss runs if my claim is still open?
Underwriters commonly request recent loss runs showing open claims, status, paid amounts and reserves, sometimes with additional claim-specific documentation.
What if my insurer also refuses to renew?
Begin the replacement process promptly. An open claim combined with non-renewal may require additional underwriting time and review of alternative markets.
Is the online tool an instant quote?
No. MedicalMalpracticeQuote.com is a preliminary physician underwriting assessment. Any quotation or binding decision requires insurer review and applicable authorization.
Have an open malpractice claim? Explore your next steps.
Share the basics of your practice and coverage needs through the physician underwriting assessment. You can also contact Island Insurance Group directly for guidance on assembling a submission.
Start Free Underwriting Assessment →Samuel Bennett, Licensed Insurance Agent
Email: sam@islandinsurancegroup.com
Phone: 954-804-8144
Please do not include patient names, medical records, or privileged claim materials in an initial inquiry. Coverage subject to underwriting and policy terms.