Optional for LAWYERS who want to increase Innocent Party Sublimit coverage limits beyond the mandatory Innocent Party coverage limits of $250,000 per claim/in the aggregate. Sublimit coverage limits can be increased to $500,000 per claim/aggregate or $1 million per claim/aggregate.
Optional for sole practitioners wanting to assure clients that they are protected against the fraudulent, malicious, criminal or dishonest acts or omissions of LAWYERS. Sublimit coverage limits ranging from $250,000 per claim/aggregate to $1 million per claim/aggregate available.
Optional for LAWYERS who would like to increase Run-Off coverage beyond the $250,000 provided free of charge as part of the standard Run-off Coverage. Optional for LAWYERS who are named as estate trustee, trustee for inter vivos trust, or attorney for property, and wish to apply for and purchase expanded protection for these services yet to be provided. Eligible LAWYERS include: retired LAWYERS, estate trustee, emeritus LAWYERS, judges, in-house corporate counsel, government LAWYERS, educators and other LAWYERS who are no longer in active private practice or no longer practising law.
All LAWYERS who intend to practise REAL ESTATE LAW in Ontario at the beginning of 2018 (or when this coverage option is otherwise first required of Ontario LAWYERS during the year), must be ELIGIBLE for, apply for and be granted this coverage option before being able to practise in this area of law. This coverage option provides necessary insurance protection to ensure that members of the public, and Land Titles Assurance Fund, are protected against the registration of fraudulent instruments under the LAND TITLES ACT. For details, see Real Estate Practice Coverage Option.
LAWYERS who pay the insurance premium are provided with the program coverage for their PROFESSIONAL SERVICES, whether they are paid services or provided pro bono.
LAWYERS claiming exemption under the policy, but who wish to provide PRO BONO SERVICES through an approved pro bono PROFESSIONAL SERVICES program, may have reduced limit coverage for such services. For details see pro bono services.
The National Mobility Agreement and Territorial Mobility Agreement allow for coordination of liability insurance coverage for lawyers practising in jurisdictions of law societies that are signatories to the Agreements.
Generally, the law society of the home jurisdiction (where the lawyer is resident, practising and has in place the required insurance and defalcation coverage) will provide coverage for a claim arising out of services that the lawyer provides in the host jurisdiction (where the lawyer is practising on a temporary basis, i.e. up to 100 days in a calendar year without permit).
LAWYERS claiming the LAWPRO® mobility exemption
LAWYERS claiming this exemption, but who had earlier been in private practice in Ontario and had paid the insurance premium, would have Run-Off Coverage for this 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(S) would be inclusive of claims expenses, indemnity payments and costs of repairs. 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 SERVICE(S) that gave rise to the claim were performed, and provided that the LAWYER had maintained the full insurance coverage at the time.
Currently, Quebec is not a RECIPROCATING JURISDICTION. For detailed information on how the Mobility Agreement affects insurance coverage, see Mobility and insurance coverage.
January 31, 2018