Read this first: a claims-made policy only responds to work performed after its retroactive date. If a lapse or entity change broke that date, the gap does not close on its own, and a later policy will not quietly pick it up. Repair has to be arranged with a carrier willing to accept the history, which is a different placement than a routine renewal.
Problem and solution matrix
Three situations account for most prior acts problems California law firms bring us. Each one needs a different repair, and the carrier appetite differs by situation.
| Situation | What breaks the coverage | Repair PRIA arranges |
|---|---|---|
| Coverage lapse or missed renewal | A policy expired without a successor, or a renewal was missed, so work performed during the gap sits outside any claims-made policy. | Retro date repair that bridges your history back to the original inception date where a carrier will accept it, priced with the lapse disclosed on the application rather than discovered at claim time. |
| Breakout solo practice or new partner | A new firm entity starts its own policy with a retroactive date at inception, which silently excludes everything handled at the prior firm. | Prior acts coverage extending back to your original bar admission date where underwriting supports it, including qualified work performed at a prior firm. |
| Lateral move, merger, or dissolution | An attorney joins or leaves a firm, and the individual's past work is neither picked up by the new firm's policy nor protected by the old one after it ends. | Individual attorney retro date endorsements and tail or extended reporting options that keep past practice work covered through the transition. |
How the prior acts and retro date audit works
Audit the retroactive date
We read every declarations page you have, including older policies and any tail or ERP endorsements, and establish the earliest date your history can be documented. Gaps, lapses, and firm changes get mapped on one timeline.
Document the gap
Carriers will not repair a date they cannot verify. We assemble the prior policy history, firm formation or dissolution records, and a written explanation of the lapse or entity change so the submission is complete on the first pass.
Place with the right market
Retro date repair is not standard admitted business. We work with specialty A-rated surplus lines markets that will consider a repaired retroactive date, a disclosed lapse, or full prior acts for a newly independent practice, and we compare those terms side by side.
Confirm the date in writing
Before you bind, the retroactive date appears on the declarations page and the prior acts wording is quoted back to you. If a carrier will not reach the date you need, we tell you before you pay, not after a claim arrives.
Request a Prior Acts & Retro Date Audit
Send your policy history and we will map your retroactive date, identify what a repair would need to reach, and tell you which markets will consider it. No obligation, and no cost for the audit.
What a repaired policy should show
- A retroactive date earlier than the new policy inception, printed on the declarations page.
- Prior acts wording in the policy form with no exclusion cutting off earlier work.
- Any lapse disclosed on the application, so the carrier priced the exposure it is accepting.
- Tail or extended reporting terms stated in writing if the prior policy ended.
- Individual attorney endorsements if the firm entity or attorney roster changed.
Prior acts repair questions
Can a retroactive date be repaired after a coverage lapse?+
Sometimes, and it depends on how the lapse is documented. Some specialty surplus lines carriers will consider a retroactive date earlier than the new policy inception when the prior coverage history is verifiable and the gap is disclosed in writing. Other carriers will only offer a date at inception. The audit exists to find out which answer applies to your firm before you buy, because a policy issued with a later date does not fix the exposure.
What is the difference between prior acts coverage and a repaired retroactive date?+
Prior acts coverage is the benefit: the policy responds to work performed before it started. The retroactive date is the mechanism: the earliest date the policy will respond to. Repairing a date means moving that mechanism earlier than the default, usually back to a prior policy's inception or to the start of your practice.
Does a new solo practice automatically get prior acts for work at the old firm?+
No. A new firm entity starts a new claims-made policy, and the default retroactive date is the inception date. Coverage for work performed at the prior firm has to be requested, disclosed on the application, and accepted by the carrier. Many carriers will consider it, but it is never automatic.
Why do surplus lines markets handle retro date repair?+
Standard admitted carriers usually decline a risk with an unrepaired lapse, an unusual entity history, or a request to move a retroactive date earlier than their filed rules allow. Surplus lines carriers can write terms that admitted forms cannot, which is why repair placements often sit there. PRIA Brokers places surplus lines coverage and handles the state filing and surplus lines tax.
What information does the audit need?+
Prior declarations pages with retroactive dates, the dates each firm entity existed, any tail or extended reporting endorsements purchased, the reason for the lapse or change, and a general description of practice areas. If a policy is missing, say so: an undocumented period is still disclosable and is handled differently from an undocumented period that is hidden.
Does repairing a retroactive date cost more?+
Often yes, because the carrier is accepting exposure it did not price from inception. The premium depends on the length of the repaired period, practice areas, revenue, and the carrier's appetite for the gap. Every figure quoted here is indicative and subject to underwriting, not a quote.
Related: California lawyers professional liability overview, prior acts coverage and retroactive dates explained, and the lawyers malpractice quote form. General information about coverage structure, not a quote or a coverage opinion. Terms, exclusions, and claims handling are set by each carrier's policy form.