Claims

When should I notify a claim
Under the Professional Indemnity Insurance (PII) policy solicitors must notify any claim to Lawcover in writing as soon as practicable after any claim is made. The sooner we know about a matter, the quicker we are able to assist.

If you have any doubt at all about whether you should notify please contact Lawcover on 02 9264 8855 and ask to speak to one of the Claims Solicitors.

For further information, please download our brochure “Information for Solicitors who think a Professional Indemnity claim might be made against them”.

What if it’s not yet a claim?
Even if a claim has not yet been made against you, we encourage you to notify us of facts or circumstances that could lead to a claim. You have a statutory right to cover for claims arising out of a circumstance that may give rise to a claim against you, if you notify Lawcover in writing during the period of insurance. Early notification allows for early intervention which, in our experience, results in an earlier and more cost-effective resolution.

Top Up Professional Indemnity Insurance – notifying circumstances is essential.
It is common practice in the professional indemnity insurance market for Top Up PII to exclude claims or known circumstances that could give rise to a claim that the insured was aware of but has not notified in writing prior to the commencement of the Top Up PII.

Prompt notification of circumstances is therefore very important under your Top Up PII arrangements.

Accordingly, we encourage you to make appropriate investigations of your partners/staff and notify Lawcover in writing of any claim or matters that in your view, might give rise to a claim, irrespective of value, prior to the expiry of your Top Up PII arrangements.

Who can make a claim?
Lawcover cannot accept claims from persons who believe that they have a claim against an insured solicitor. Claimants should consult an independent solicitor for advice as to whether or not they have an entitlement to claim and how to proceed with that claim.

Claim notification forms may be completed by:

• A principal of a law practice; or
• An employee of a law practice who is authorised by the principals of the practice to make notifications on their behalf.

Please forward your PII Claims Notification Form to notifications@lawcover.com.au.

If you have any problems completing the questions or submitting the notification, please contact Lawcover on (02) 9264 8855 and ask to speak to one of the Claims Solicitors.

Lawcover’s claims management philosophy is simple:

• We will rigorously defend unmeritorious negligence claims, but;
• Clients who have suffered loss as a result of the demonstrable negligence of their solicitors will be compensated for that loss as quickly as possible.

What should I do if a claim is made or threatened against my law practice?

• Do not ignore it. Many actual or potential claims can be managed successfully if they are dealt with quickly.
• Upon receipt of your notification, Lawcover will open a file and allocate it to one of the Lawcover Claims Solicitors.
• If you have notified a claim then Lawcover will generally exercise its right under the Insurance Policy to assume the conduct of the defence of that claim on your behalf. Unlitigated claims are usually investigated and managed in-house by Lawcover claims solicitors. Litigated claims are referred to one of Lawcover’s external panel solicitors who are experienced in defending professional negligence claims against solicitors.
• If you have notified circumstances that may give rise to a claim, the claims solicitor will consider what, if any, immediate action needs to be taken. If the possibility of a claim against you is unlikely then no action will probably be required. We will simply ask you to keep us informed of any developments, keep the file under review and then close it when it appears clear that no claim will, in fact, eventuate. The file can always be re-opened if a subsequent claim is made.
• It should be noted that years can sometimes elapse between the notification of circumstances and the actual claim being made against you. It is therefore important to consider what steps should be taken to preserve critical evidence, such as the file.

If you have any queries about your claim, please telephone Lawcover on (02) 9264 8855 and ask to speak to a Claims Solicitor. We will advise you on the progress of your claim.