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Insurer leaving marketEven though the insurer is no longer writing malpractice insurance the coverage for an issued Extended Reporting Period Endorsement (Tail or ERP) remains in force.  With this stated, as the years go by your insurer could have merged, been sold, liquidated or gone completely out of business.  Many times your insurance agent should be able to locate the proper insurer to report a claim. And if another  insurer as assumed your old insurer’s line of business that new insurer should have assumed your insurer’s obligations.

If the insurer you had has been liquidated or completed dissolved with no obvious successor and your insurance agent is no longer around or cannot assist, your best resource is likely the insurance commissioner of your state.  Using the insurance commissioner’s website by state you should be able to locate your insurance commissioner.  If the insurer was an admitted insurer the insurance commissioner’s office should be able to direct you to who is now responsible for claims handling responsibilities.   With an admitted insurer, your Tail obligations should still be honored by the state guarantee fund to the limit of the guarantee fund.

If the Tail that you purchased was from a non-admitted insurer or a Risk Retention Group that was liquidated, you may be out of luck.  But it is still worth checking with your state insurance commissioner to see if they can assist.

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