Generally, the insurance policy of the home jurisdiction (where you are resident and paying the insurance premium) will respond to
any claims that arise out of your current PROFESSIONAL SERVICES.
This applies if the claim is made for services you provide in the home jurisdiction, or in the host jurisdiction where you are may qualify for the temporary practice status, as described above.
The agreement also requires that the law society of the home jurisdiction will provide coverage of at least the same scope as the liability insurance provided by the host jurisdiction for a given claim, where the claim most concerns the host jurisdiction.
If your practice was previously located in another RECIPROCATING JURISDICTION (such as Ontario) and you maintained the law society program coverage there for your practice at the time, that law society insurance program would respond to claims that subsequently arise out of this earlier law practice.
Mobility Run-Off Coverage
A LAWYER claiming exemption "g" under the LAWPRO® insurance program who is currently practising in a RECIPROCATING JURISDICTION but had previously maintained insurance coverage under the LAWPRO program, would be provided with Run-Off Coverage by LAWPRO, for the LAWYER'S earlier practice in Ontario.
This would be provided at no charge, and would have limits of $1 million per claim/$2 million in the aggregate (reinstated annually) and a DEDUCTIBLE of $5,000 per claim. The limits and DEDUCTIBLE would be inclusive of claims expenses, indemnity payments and costs of repairs.
These limits are substantially higher than the standard Run-Off Coverage limits provided to LAWYERS in other exemption categories.
This Run-Off Coverage would apply only to claims which arise out of the exempt LAWYER'S earlier practice in Ontario, provided that the LAWYER practised in Ontario on a permanent basis at the time that the PROFESSIONAL SERVICES that gave rise to the claim were performed, and provided that the LAWYER had maintained the full insurance coverage at the time.
Once a lawyer is no longer engaging in the practice of law in a RECIPROCATING JURISDICTION in which the lawyer is resident, or ceases to maintain the mandatory professional liability insurance practice coverage in that jurisdiction for ongoing practice, the lawyer is no longer eligible for exemption on the basis of eligibility rule (g) under the Ontario program. Of course, at that point it may be that the LAWYER is eligible for exemption under the LAWPRO program on some other basis, depending on the LAWYER'S practice circumstances.