Are you (or were you) an LLC or incorporated?  You need to protect your personal assets....

I think if I were an independent abstractor (as opposed to the vendor manager that I am), AND if an LLC or corporation, I'd take the chance and not get the tail but would have a heart to heart with my insurance carrier regarding liability (or talk to a lawyer).  The E&O insurance carriers all seem very ethical and helpful so they are a good place to start with your questions.