All insured members are required to report a claim or potential claim as soon as practicable after learning of it. This reporting requirement includes circumstances which might give rise to a claim, however unmeritorious the claim may appear. Failure to report in a timely fashion can jeopardize an insured’s coverage under the Policy. Timely reporting is essential because the Policy is a “claims made” policy. Under a “claims made” policy the insured is required to report during the policy year in which he or she becomes aware of the claim or potential claim.
To report a claim a member must complete a New Claim Report and, along with relevant file documentation, mail, courier or e-mail to Janice Ringrose, Insurance and Risk Manager at:
Lawyers’ Insurance Programme
PO Box 1028
2nd Floor, Law Society Building
198 Water Street
St. John’s, NL A1C 5M3
If the matter is urgent and requires immediate attention, contact Janice Ringrose, Insurance and Risk Manager, at (709) 722-6008.
The Insurance and Risk Manager will then confirm coverage. If any exclusions or breaches of the Policy conditions are identified, the matter will be reviewed by Coverage Counsel. As the potential claim is investigated, communication with, and cooperation from, the insured member, is imperative. Defence Counsel will be retained should a claim proceed to litigation. Throughout, the progress of the claim will be monitored by the Claims Review Committee. The Claims Review Committee is comprised of the Insurance and Risk Manager, an Adjuster, and Counsel for the Programme. The Committee frequently decides a course of action in defending a claim and has complete and exclusive control over the conduct of the defence of a claim and whether the matter will be repaired, defended or settled. If a claim is successfully defended and no damages paid, the defence costs are borne by LIP and no deductible is paid by the member. However, if the matter is repaired (as per insurance policy) or if the claim is settled and paid, then the insured member is required to pay a $5000 deductible.