Prior and Pending Date

Prior and Pending Date

A prior and pending date is a date in a claims-made liability policy that excludes coverage for claims arising from disputes or proceedings that began before that date. If a lawsuit, investigation, demand, or similar matter was already pending before the prior and pending date, the policy will not cover claims related to that matter, even if the claim is made during the policy period.

Insurers use this provision to prevent coverage from applying to disputes that were already known or in progress before the policy took effect. Prior and pending dates appear most often in Directors and Officers (D&O), Employment Practices Liability (EPL), and other management liability policies, where organizations may already be aware of existing litigation or investigations when purchasing insurance.