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How much of the deductible is used and at what stage in the claim?

Deductibles are applied to claim expenses, indemnity payments and/or costs of repairs:

  • 50% of the deductible amount for investigation and defence expenses when the Statement of Defence or responding material is filed
  • 50% of the damages amount for investigation and defence expenses due or incurred at the time of commencement, when examination begins, or once a pre-trial conference is held
  • Any outstanding deductible amount left is applied to judgments, settlements, and/or costs of repairs when the expenditure is due.

For example: a lawyer with the standard $5,000 deductible is required to pay $2,500 when a Statement of Defence or other 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.

If the claim is settled prior to a Statement of Defence or other responding material being filed, the deductible applies to any indemnity payment or costs of repairs incurred only. If, in this scenario, the indemnity and/or repair is less than the $5,000 deductible, the lawyer is required to pay this lesser amount.

How do I change my deductible amount?

Use an Application for Mid-Term Change form. Upon receipt of your completed form, we will change your policy coverage and send you a written confirmation (as well as a revised invoice if applicable).

Why don’t I qualify for the $Nil DEDUCTIBLE?

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 within 5 years prior to the policy effective date and all lawyers (and paralegal partners) in the partnership must meet this criterion for the members of the firm to qualify for the $Nil deductible.

Will my deductible be called on if a claim is made against me arising out of a mentoring relationship?

LAWPRO will waive the deductible and Claims History Levy Surcharge on a 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 mentor 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.

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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