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E&O Insurance >Practice Type >Mobility

Coverage under the National Mobility Agreement & Territorial Mobility Agreement

Mobility agreements signed by numerous law societies (including the Law Society of Upper Canada) make it easier for lawyers in these jurisdictions ("RECIPROCATING JURISDICTIONS") to provide PROFESSIONAL SERVICES in other jurisdictions. View the Mobility Exemption Summary Chart for an overview.

To facilitate inter-jurisdictional practice, reciprocating law societies have implemented the following:

  1. a temporary practice status in their jurisdiction which allows lawyers to practise in a host jurisdiction for up to 100 days in a calendar year provided they:
    • have liability insurance and defalcation coverage in their home jurisdiction (where they are called and resident);
    • are not subject to criminal or disciplinary proceedings; and
    • have no discipline record.
  2. a new exemption for lawyers called in more than one RECIPROCATING JURISDICTION, ensuring that there is coverage for their activities in these jurisdictions while paying for insurance coverage under only one reciprocating law society's policy. Ontario LAWYERS who are also called to the Bar in other reciprocating jurisdictions, may generally apply for exemption in those RECIPROCATING JURISDICTIONS in which they are called and not resident.
Eligibility for the mobility exemption (Ontario LAWYERS) If you are:
  • called in Ontario, but
  • are also called and resident in another RECIPROCATING JURISDICTION,
you may apply for exemption "g - resident and practising in reciprocating jurisdiction" under the Ontario program. Currently, Quebec is not a RECIPROCATING JURISDICTION.

For details see Exemption Eligibility

Coverage

Current practice
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.

Previous practice
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.

See also National Mobility Agreement FAQS.

Key DatesMore

September 15, 2017
File your LAWPRO Risk Management Declaration by this date to qualify for the $50 premium discount on your 2018 premium for each LAWPRO-approved CPD program (to a maximum of $100) completed by this date.

On or about October 2, 2017
LAWPRO online filing of Professional Liability Insurance renewal applications for 2018 is expected to begin. If you wish to file a paper application instead of filing online, please note that paper renewal applications will not be automatically mailed out, but it is expected that you will be able to download a 2018 pre-populated paper renewal application from our website starting on or about October 2, 2017.


 

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