E&O Insurance >FAQS>LAWYERS in Private Practice FAQs
LAWYERS in Private Practice FAQs
If you have questions that are not answered below, or if you need further clarification or information, please contact
LAWPRO®'s Customer Service department toll-free at 1-800-410-1013, 416-598-5899 in Toronto
or at [email protected].
If you plan to retire effective January 1, you should complete an
Application for Exemption, not an insurance application.
You can file your Application for Exemption online (www.lawpro.ca/file_online) or complete the Application for Exemption, attached to the
back page of your Program Guide.
However, if your retirement will be effective part-way through the policy year (any date subsequent to January 1), please
complete and file the Application Form. Please notify LAWPRO in writing or via e-mail
([email protected]) about your pending retirement; you will be reimbursed any insurance
premiums due, prorated to the actual date of your retirement, subject to a minimum two-month premium and limited to the premium
relating to the 30-day period
immediately preceding LAWPRO's receipt of your written notice, and any subsequent period thereafter.
Regretfully, for those carrying the real estate practice coverage option, we are not able to backdate for this 30-day period.
LAWYERS who retire from the active practice of law may be eligible and apply for exemption under the Law Society
insurance program. LAWYERS who wish to apply for exemption must submit a completed Application for Exemption form to
When on exemption, you would be provided with a reduced coverage limit of $250,000 per CLAIM and in the aggregate limits of
liability, subject to a $5,000 DEDUCTIBLE per CLAIM,
and any prior CLAIMS reported while exempt under the Rules for Exemption Eligibility. This coverage is a one-time limit and is
not re-instated annually.
Run-Off Coverage applies only to CLAIMS arising out of PROFESSIONAL SERVICES
provided while you were in private practice or maintained the full, ongoing practice coverage. That is, you are covered
to a maximum of $250,000 for all of the CLAIMS made against you while exempt, including the year you leave active private
practice, past years in which you were exempt, and all future years while exempt (except for LAWYERS eligible for
the mobility exemption).
Run-Off Coverage does not provide coverage for CLAIMS arising out of professional services that you provide while exempt
from paying the insurance premium. In other words, you are not covered for ANY services you provide while on exemption.
The only exceptions to this are with respect to pro bonoPROFESSIONAL SERVICES
provided through an approved pro bono program associated with Pro Bono Ontario
and where you have applied for and purchased additional coverage specifically for certain ongoing services as
estate trustee, trustee for inter vivos trust, or attorney for property.
LAWYERS who have been granted an exemption
may apply to increase their Run-Off Coverage limits. For further details, we would refer to the
"Insurance Matters for Retired LAWYERS" booklet which
provides more detail regarding the Run-Off coverage available under the Law Society's program, as well as some of the types
of questions you may wish to consider in assessing what exposures may arise out of your past practice.
If you wish to be provided with a no-obligation estimate, please complete and submit an Application to Increase Run-Off Coverage
and we would be pleased to provide you with the estimate. Please note that this additional limit protection would only come into
effect a minimum of 60 days following receipt of your written confirmation to purchase this coverage.
In our view, the providing of expert opinion is indeed the practice of law for which you would need to maintain coverage through LAWPRO. If however, you were to provide such opinion before your retirement, and were to provide expert testimony on such opinion after retirement, there would be no requirement for coverage to provide such testimony. Of course, nothing is ever quite so simple. If you were asked to update, amend or provide supplemental opinions or comments, or were asked as a witness to expand on your opinion, this would constitute professional services for which you would need to be insured.