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].
Where applicable to indemnity payments and/or costs of repairs only:
To judgments, settlements and/or costs of repairs, to the extent of the DEDUCTIBLE amount, when the judgment, settlement and/or cost of repair expenditure is due.
Where applicable to CLAIM expenses, indemnity payments and/or costs of repairs:
To covered investigation and defence expenses due or incurred when the Statement of Defence or responding material is filed, to the extent of 50% of the DEDUCTIBLE amount;
To covered investigation and defence expenses due or incurred at the time of commencement of examinations for discovery, or once examination begins, or once a pre-trial conference is held if no examination for discovery is held to the extent of 50% of the deductible amount;
To judgments,settlements, and/or costs of repairs, to the extent of any outstanding DEDUCTIBLE amount, when the judgment, settlement and/or repair exependiture is due.
Thus, a LAWYER with the standard $5,000 DEDUCTIBLE applicable to CLAIM expenses, indemnity payments and/or repairs costs would be required to pay $2,500 when a Statement of Defence of responding material is filed; and $2,500 once examination for discovery begins or once a pre-trial conference is conducted if no examination for discovery is held, assuming that the covered investigation and defence costs incurred exceed these amounts.
However, if the CLAIM is settled prior to a Statement of Defence or other responding material being issued, the DEDUCTIBLE would apply to any indemnity payment or costs of repairs incurred only. If in this scenario the indemnity and/or repair was less than the $5,000 DEDUCTIBLE, the LAWYER would be required to pay this lesser amount.
Certain types of CLAIMS, such as when a LAWYER acts for more than one person or organization having an apparent or alleged conflict of interest or if there has been an ADMINISTRATIVE DISMISSAL, will increase the DEDUCTIBLE amount. For more on this, please see Part IV, General Condition C ("DEDUCTIBLE") in the current policy.
Any requests for changes in DEDUCTIBLE can be done by completing an Application for Mid-Term Change form. Please contact LAWPRO Customer Service to have this application sent to you. Upon receipt of your completed Application for Mid-Term Change form, we will change your policy and send you a written confirmation (as well as a revised invoice if applicable).
LAWYERS (and PARALEGAL partners) practising in a Partnership (general, MULTI-DISCIPLINE AND/OR COMBINED LICENSEE
PARTNERSHIPS, LLP) or in a Law Corporation (with more than one LAWYER) must choose and
qualify for the same insurance coverage options. The NIL DEDUCTIBLE option is available only to LAWYERS who have no CLAIMS
reported under the insurance program within 5 years prior to the policy effective date.
All LAWYERS (and PARALEGAL partners) in the Partnership must meet this criterion in order for the members of the firm to qualify for the NIL DEDUCTIBLE.
Please see E&O Insurance for more information on DEDUCTIBLES.
The Lawyers' Professional Indemnity Company will waive any deductible and claims levy surcharge on any claim made against a lawyer mentor arising out of a mentoring relationship, provided that:
the mentor and mentee agreed to enter into a formal mentoring relationship, as evidenced by a written document of some kind;
the mentor had no contact with the mentee's client that would create a solicitor/client relationship; and
the mentee understood that the menter was responsible for individually and independently being satisfied of the soundness of any suggestions, recommendations or advice-like comments made by the mentor.
The written document evidencing the relationship does not have to be a formal signed mentoring agreement. It can be as
simple as an e-mail acknowledging the relationship and the three terms listed above. The
managing a mentoring relationship
booklet contains a helpful precedent of a simple mentoring agreement.