Acting as a LOCUM
As LOCUM you are standing in for another LAWYER to cover or run the other lawyer's law practice while away. In this replacement capacity you are considered a member of the firm that has hired you (the contracting firm) and should expect to be viewed as such by clients and others. Insurance requirements, options and coverages all need to be reconsidered in this light.
If you are acting as LOCUM
Some issues to consider include:
2. The need for Innocent Party Coverage under the Law Society program
If other LAWYERS in the firm have bought up their Innocent Party protection, you must carry at least that same amount of increased Innocent Party protection. LAWPRO strongly recommends that the LOCUM, as well as LAWYERS in the contracting firm, apply for the full amount of Innocent Party protection available to ensure that they are well protected against CLAIMS that may arise out of dishonest acts.
If a CLAIM does arise in relation to LOCUM work, it is the LOCUM's policy coverage under the Law Society program that would respond.
3. The need for Excess Coverage
Firms purchasing excess insurance from other insurers are strongly encouraged to obtain written confirmation from their excess insurer that the LOCUM and contracting firm are both insureds under any excess policy issued, and that coverage is fully afforded in relation to LOCUM work that has or may be done.
If you are the contracting firm hiring a LOCUM
Firm LAWYERS should keep in mind the following: limit protection for a claim made against the LOCUM would not be increased by virtue of the program coverage maintained by other LAWYERS in the contracting firm; partners in the firm could find themselves responsible for paying the LOCUM's program DEDUCTIBLE; and no protection is available in respect of allegations of damage to the goodwill and reputation of the firm. As well, the aggregate limit protection provided to LOCUMS could also be eroded by CLAIMS that are not related to LOCUM work.
For more information on insurance coverage for LOCUMS, please contact the LAWPRO Customer Service Department.
October 31, 2017