Occurrence vs. Claims-Made Policies: Which Is Right for Your Business?

1b970f1b-d28f-445c-b446-1c3650f507ddWhen it comes to business insurance, one detail that trips people up fast is the difference between occurrence vs claims-made policies. It sounds technical, but the way your policy is structured could be the reason a claim gets paid , or denied.

These two types of coverage may look similar at first, but they respond to claims in very different ways. And if you don’t understand how they work, you could be stuck with unexpected costs even years after you cancel your policy.

In this article, we’ll break down what occurrence vs claims-made actually means, how each policy works, and what business owners should consider before choosing one. You’ll walk away with a clear understanding of:

  • How each policy responds when a claim is filed

  • Why timing matters more than you think

  • What to consider when deciding which one fits your business

Let’s get into the differences , and why they matter more than most people realize.

What Is an Occurrence Policy?

An occurrence policy covers claims based on when the incident actually happened , not when the claim is filed. That’s a big deal. With this type of policy, as long as the event occurred during the time your policy was active, you’re covered. Even if the claim comes in years later, you’re still protected.

Let’s say you had an occurrence-based general liability policy in place from 2021 to 2022. In 2024, someone files a lawsuit saying they were injured in 2021 on a job site you managed. Because the incident occurred during your policy period, the insurer will still handle the claim , even though you no longer have the policy active.

This is one of the main advantages of an occurrence policy. It locks in protection for anything that happened during that coverage window, regardless of when a claim is made. You don’t need to keep renewing it or buy extra coverage just to protect yourself from old issues resurfacing.

That kind of long-term peace of mind is why many businesses prefer this option when thinking through occurrence vs claims-made policies. You’re not stuck monitoring policy dates or adding costly extensions later. Once your coverage is in place, it protects you from events that happened during that time , period.

Next, let’s look at how claims-made policies work, and why they come with different risks and benefits.

What Is a Claims-Made Policy?

A claims-made policy works very differently from an occurrence policy. It only covers claims if the incident happens and the claim is reported while the policy is active. That timing matters , a lot.

Here’s an example. Let’s say you’ve had a claims-made policy from 2022 through 2024. If something happened in 2023 and the claim is filed in 2025, it likely won’t be covered unless you’ve purchased an extension called tail coverage. Without that extension, once the policy ends, so does your protection , even for past work.

To help with this, some policies include a retroactive date. This sets a point in the past where coverage begins, even if the policy is purchased later. So if your retroactive date is January 1, 2022, and you get a claim in 2024 for something that happened in 2022, you’d still be covered , as long as the policy is active when the claim is filed.

Claims-made policies are often cheaper upfront, especially for newer businesses or professionals in fields like consulting or healthcare. But they do require more active management. You’ll need to stay aware of your coverage windows and keep the policy in force , or add tail coverage , to protect yourself from delayed claims.

This is where the comparison of occurrence vs claims-made becomes critical. With claims-made, your protection ends when the policy ends , unless you take extra steps. It’s not a bad option, but it’s one that comes with strings attached if you ever change providers or stop your coverage altogether.

In the next section, we’ll break down the biggest differences between these two policy types so you can see the trade-offs clearly.

Key Differences Between Occurrence vs Claims-Made

Once you understand how these policies work, it’s easier to see why the choice between occurrence vs claims-made matters. On the surface, both offer liability protection , but the way they respond to claims is completely different.

The main difference comes down to timing.

  • Occurrence policies cover incidents that happen during the policy period, no matter when the claim is filed.

  • Claims-made policies only cover claims that are both made and reported while the policy is still active.

Here’s a quick comparison to make it clearer:

Occurrence Policy:

  • Covers incidents that happen during the policy term , even if the claim is filed years later

  • No need for tail coverage when the policy ends

  • Often more expensive upfront, but less ongoing maintenance

Claims-Made Policy:

  • Only covers claims filed while the policy is active

  • Requires tail coverage or continuous renewal to stay protected from past work

  • Often cheaper at the beginning, especially for new businesses

Another major factor is what happens when you cancel or switch providers. With occurrence coverage, you’re still protected for past work. With claims-made, you’ll need to buy tail coverage or maintain continuous coverage with the same retroactive date to avoid gaps.

Think about that for a minute. If you’ve been working under a claims-made policy and don’t extend it, you could lose protection for everything you did under it , even if you were fully covered at the time.

This is why many business owners feel more confident with occurrence-based policies. But that doesn’t mean claims-made is wrong , it just takes more planning and awareness.

Up next, we’ll look at how to decide which one actually fits your business based on how you work, what you do, and how long your risk sticks around.

Which One Is Right for Your Business?

Choosing between occurrence vs claims-made depends on more than just cost. It comes down to how your business operates, how long risk can follow you, and how comfortable you are managing ongoing coverage details.

If your work creates long-term exposure , like construction, design, or consulting , where claims might surface months or even years after the job is done, occurrence coverage often makes more sense. Once that policy is in place, it protects you from incidents that happen during the coverage period, even if the claim comes later.

On the other hand, claims-made might be a better fit if your risk is more immediate and predictable. Some service industries, small offices, and fast-changing businesses appreciate the lower upfront cost. Just keep in mind that you’ll need to stay on top of renewals and understand how retroactive dates and tail coverage work.

Also, consider your future plans. If you’re planning to retire, sell your business, or change providers, an occurrence policy is generally more flexible. You won’t need to worry about buying extra protection to stay covered after the policy ends. With claims-made, ending the policy usually means buying tail coverage to stay protected from past work.

There’s also an industry expectation factor. In fields like healthcare or professional services, claims-made is often standard. In trades and contracting, occurrence is more common. Knowing what’s typical in your line of work can help guide the decision , especially if clients ask for a certain type of coverage.

If you're not sure which path to take, the best move is to talk it through with someone who understands both policy types in detail. The goal isn’t just to get covered , it’s to be protected at the right time.

Let’s wrap this up with a quick recap and some final thoughts.

Know When You’re Actually Covered

The difference between occurrence vs claims-made isn’t just technical, it affects how your policy responds when it really counts. If a claim comes in months or years down the road, the type of coverage you chose could be the reason it’s accepted or denied.

Understanding how these policies work helps you make smarter decisions, avoid hidden gaps, and protect your business long after the job is done. Whether you’re a solo consultant or working in higher-risk trades like excavation, choosing the right structure matters. If that’s your field, you can learn more about coverage specifics here: Excavation Contractor Insurance.

Insurance isn’t just about checking a box. It’s about knowing your work, and your reputation, are protected when the unexpected happens.