That is a predicament. I'm not sure what to say. I suppose that is the nature of the "claims made" policy. When you renew, you will be bound by the terms of the new contract, I would assume. If you agree to the terms, I guess they can get away with limiting coverage on your past work. In order to avoid that problem, you would probably have to find a new carrier who would give you the same retro-active date and not exculde such work. If this is an industry-wide problem, that may not be an option.
That does seem profoundly unfair. You have no way to protect yourself for past work. Going forward, you can add a disclaimer to your work, similar to the one your E&O carrier placed on your coverage. But, you really have no way to do that with the work you have already done.
My contract renewed in August and I'm not aware of such limitation. I'll be looking closely the next time I renew.
Best,
Robert A. Franco
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