QUICK FREE QUOTE


Blog Post

Help! I Just Found Out My Medical Malpractice Insurance Company Is Cancelling My Policy.  How Did This Happen?

  • By David Agency MedMal Insurance
  • 29 May, 2018

We Ask An Underwriting Expert About Why Medical Malpractice Insurance Companies Cancel Policies and Offer Tips For Moving Forward

The notice usually arrives in the mail seemingly out of nowhere. It's an official looking letter telling you that your medical malpractice insurance company has decided to non-renew your insurance and they are parting ways with you.  Even when you suspect that your company may be terminating your insurance coverage, it' s still a shock to see it in writing.  Sure, there may have been an open claim or board issue, but you paid those premiums every year so that your insurance company would be there to defend you! Right?  

We asked a medical malpractice insurance underwriter from a large, national medical malpractice insurance company to answer a few questions about why companies choose to terminate some policies and what physicians should do once they get that dreaded cancellation notice.  Our expert asked to remain anonymous because she's not authorized by her employer to publicly discuss underwriting protocols or policies. 

Q: What Should A Physician Do If They Receive a Non-Renewal notice?  What Should They Expect?
A: At my company, deciding not to renew a policy is a really big deal.  Every quarter, an underwriting committee made up of underwriters, physician-advisers, and  certain board members meet to discuss underwriting issues, open claims and any renewal that are coming up that may be a cause of concern.  If an underwriter decides that a risk may no longer be a good fit for the company, then we will vote as a committee to not renew coverage.  We usually give our clients at least 120 day notice if we are going to non-renew and then we give them a chance to appeal the decision, usually by scheduling a meeting with a physician adviser from our committee.  Also, expect to pay higher premiums for a few years after your coverage has been non-renewed.

Q: Since new coverage tends to be more expensive, I'm sure most physicians appeal.  How often are these appeals successful?  Do you recommend an automatic appeal?
A: Well, I think it would depend on the insurance company.  I've been underwriting at this company for over 8 years and in that time, only two doctors successfully appealed their non-renewal.  In both instances the doctors were close to retirement and had decided to reduce their hours and patient loads going forward.  You may get lucky, but if you do appeal, you should manage your expectations and start looking for alternate coverage.

Q: Does your company cover doctors that have been non-renewed in the past?
A: For the most part, No.  The actuarial data suggests that physicians that have had a large number of claims will continue to have claim. Generally, doctors that have been non-renewed for claim or licensing reasons should probably look elsewhere for coverage.

Q: Is there anything they can do to get covered by your company?
A: Well, it's an uphill battle for sure.  But, no matter what company you are applying to, I do have a few suggestions if you have a bad claim history.  First, be absolutely 100% truthful when listing your past claims and applying for coverage.  I check the National Practitioner Data Bank for every application that crosses my desk.  Although the report does not show open claims, it does show closed claims and licensing or Board issues.   Also, underwriters tend to view doctors that have lots of smaller claims over a short period of time as a poorer risk than a physician that has had one big claim.  

Q: How So?  Isn't a big payout cause for concern?
A: Well, I can't sit here and say that I would be unconcerned if a doctor had a $1 million claim.  But, I also realize that claims, to a certain extent, are the cost of practicing medicine in this country. One claim. over the course of a career would indicate that the doctor is managing risk correctly and would not be disqualified from getting covered.  I would want a detailed explanation of the claim (who? what? where? when?) and what the client has done to avoid similar claims in the future.  

Q: I've always told my clients to write up a short narrative describing the claim and what they have done from a risk management standpoint to make sure they don't have another, similar claim.  It sounds like maybe  I'm on the right track?
A: Absolutely.  It goes a long way with me when I receive a detailed claim summary along with a paragraph describing what the cleint has done to mitigate future claims.  The worst thing an applicant can do is describe the claim and then start blaming everyone else for the claim.

Q: I'm guessing that happens a lot.
A: For sure.  I can't tell you how many doctors I've talked to that blame everyone but themselves for the outcome of a claim.  It was their lawyers fault or the insurance company forced them to settle.  Accepting your own responsibility and listing a few things you have done to avoid similar claims in the future goes a long way with me.

Q:This was great.  Thank you for your time.  Any last thoughts for our audience?
A: Always be truthful and practice good risk management and hopefully you will never get a non-renewal notice from me. 

Works for us.  If you are a physician with a history of claims or licensing issues, the David Agency is here to assist you.  Click here for more information or to shop for the best coverage available no matter your situation.
 
By Lindsay Rosasco 30 Nov, 2018

When it comes to choosing a pediatrician for your children, it’s not as simple as doing a quick Google search. After all, your child’s doctor will help you through everything, from those first worrisome newborn months through the uncertain teenage years, and everything in between.

As a doctor, you already know you’re living in a competitive space; with hundreds of local options for parents to choose from, how do stand out? And more importantly, are you overlooking the powerful and often untapped potential of growing and marketing your physician practice? How, you may ask?

Simple. Through moms.

That’s right, not only do moms hold power within their households and families, but they hold the ultimate answers you’re looking for. If you don’t know how moms are choosing their pediatricians, how can you market to them?

By Lindsay Rosasco 17 Oct, 2018

While everyone else is gearing up for fun, festivities, and the much-needed downtime the holidays bring, as a medical practice owner, the holidays often mean longer hours, from winter sickness to pampering yourself at a medspa. It’s time to bring in the holiday cheer to your practice, making it a warm, inviting environment for both staff and patients alike.

You can decorate your office seasonally around the holidays without excluding or offending those who don’t participate in certain holidays; all you have to do is check out these 7 tips to make your medical practice or medspa holiday-ready with affordable seasonal decorating.

1. Decorate with fruit: from fresh fruit to sparkling faux produce, decorating with bowls of fruit is a great way to bring in some color and texture in seasonal hues. Be sure to bring in some pumpkins, cabbages, gourds, or pinecones for the cooler seasons.

By The David Agency Medical Malpractice Insurance 19 Jun, 2018

If you have decided that a captive is the right answer for your medical practice, the first thing to do is seek out professionals and advisers that have the necessary legal, actuarial and accounting experience to guide you. The David Agency has been working with individuals and medical practice owners to set-up Captives for over 25 years. Please contact  us if you have any questions or would like to explore setting up your own captive insurance program. Here is a quick primer to help get you thinking about setting up a captive insurance company and what you should consider:

1.    Where Will My Captive Be Domiciled?

You will need to select between an onshore (within 50 States) or offshore (outside the US) domicile. Consider the regulatory environment and quality of support services available. It is recommended that you visit the domicile before you commit to setting up your captive there.

2.    How Do I Find The Right Partners?

Along with finding the right domicile, you must make sure that you partner with the right groups. Your David Agency Specialist can introduce you to actuaries, attorneys, tax-preparers and US-Based Insurance Agencies that have experience setting-up and running Captives.

3.    Does My Company Have What It Takes To Start A Captive?

Captives are operating insurance companies so they must receive funds immediately and invest those funds in a prudent manner so they are available to pay claims. A Captive that is improperly run can cost the business substantially. Owners need to know the financial health of the Captive and audit regularly.


By The David Agency MedMal Insurance 12 Jun, 2018
What you should and shouldn't do in the case of a medical malpractice insurance claim
By The David Agency MedMal Insurance 31 May, 2018
medical malpractice insurance outlook in Florida
By The David Agency MedMal Insurance 02 May, 2018
Improve Your Small Medical Practice By Building a Customized app.
By The David Agency MedMal Insurance 18 Apr, 2018
Late last year, Xiaoyi (Little Doctor) passed China's medical licensing exam after failing the first time around on the practice test.   Like her medical school peers who also failed the practice test,  Xiaoyi was committed to learning from her mistakes and began studying for the real test.  So she rolled up her sleeves and got to work reading hundreds of medical text books, over 400,000 scholarly medical articles and reviewing over 2 million medical records.  On test day, Xiaoyi was ready and passed the test easily.  

As you may have suspected, Xiaoyi is not your typical medical student.  Instead, "she" is a robot designed to use artificial intelligence to learn the practice of medicine and deliver care in a clinical setting.  Xiaoyi is programmed with the ability to learn, reason and make independent judgements.  And, while she may not be ready to open her own practice, that day is on the horizon. 

But before we panic and start calling for the destruction of Skynet (Sorry for the geeky SciFi reference) let's take a moment to think about how this new technology will be introduced to the medical community and what effects we'll see in the months and years ahead.  At this point, Xiaoyi is just helping doctors by making suggestions and offering options for providing care.  

Robots are probably NOT going to take over the role of the Primary Care Physician any time soon.  Patients are not ready or eager to receive all their medical care from robots just as they are not ready to take their hands off the steering wheel and let their car take over driving duties. Baby steps.  But what we are seeing is software that assists caregivers with their decision-making and provides a second set of "eyes" to back up the humans.  

So if you are currently in medical school and worried that the robots are coming for your job, rest assured that you've got plenty of time to earn a great living practicing medicine and delivering care to patients, but you may want to take a few programming classes in the evening, just to be safe.  
By The David Agency MedMal Insurance 16 Apr, 2018
Quick Guide To Long Term Disability Insurance
By The David Agency MedMal Insurance 11 Apr, 2018
Medical Malpractice Insurance in California
By The David Agency MedMal Insurance 10 Apr, 2018
One of the great side-benefits of an economy that is at, or near, full-employment is that new and seemingly better employment opportunities are everywhere.  And medical providers have it even better because the medical industry has been at peak employment for years.  

One thing that might stop a perspective job-hunter in their tracks is the Tail provision of their Employment Agreement regarding your Claims-Made Medical Malpractice Insurance policy.  If your Employment Contract states that, if you leave, you are responsible for purchasing your own tail-policy then you just may be stuck in your current job until you save up enough money to make the big move.  

Before we go into your options for purchasing a Tail-policy, let's define exactly what a tail is and how it relates to your Claims-Made policy coverage.

Simply put, a Tail  -  is an extended reporting period endorsement, offered by the current malpractice insurance carrier, which allows an insured medical provider the option to extend medical malpractice insurance coverage after the cancellation or termination of their  claims-made policy.  Tail's only come into the picture when we are discussing a Claims-Made-Type-Policy.  Once you cancel a Claims-Made policy, it stops covering you if you have future claims and the Tail policy is what will cover you against future claims.  Got it?

Tail's are very expensive.  most insurance companies charge roughly two-times (2X) the expiring premium.  So if your coverage cost $20K last year, your tail quote will probably be around $40K.  Because Tail policies are so expensive, a secondary market (Stand-Alone-Tail) has popped-up to provide cheaper tail coverage, BUT BEWARE, some of the companies offering cheaper coverage may not be as financially secure as they appear to be.  Never purchase a Stand-Alone-Tail from a company that does not have an A-rating or better from AM Best.  Sure you may save a little money by buying a policy from an unrated company, but if they are not there a few years down the road to defend a claim, that money you saved is going to be coming out of your pocket.

If you would like to learn more about Stand-Alone-Tails or about your options please contact The David Agency today.

The David Agency has been helping medical providers manage risks for over 43 years. We specialize in providing TAIL Insurance quotes for physicians, medical practice owners and medical personnel.

Experience counts . If you received a TAIL quote and want to shop the market, please contact us. We have access to over 100 companies that offer STAND-ALONE-TAIL quotes.

Team of Professionals. If you do have a claim made against you, your David Agency rep will help you navigate the claim process and act as your advocate to the insurance company.


More Posts
Share by: