Think You Might Have a Claim – Report By June 30th!
Lawyers in CLIA jurisdictions are required to report a claim as soon as practicable after learning of a claim or becoming aware of circumstances which might give rise to a claim, however unmeritorious. On July 1, 2024, the current CLIA mandatory policy of Professional Liability Insurance will expire, and a new Policy will come into effect. If you are aware of a claim or possible error you have not reported, or if you know of any circumstances that may give rise to an insurance claim in the future, you must report these circumstances by June 30, 2024.
Some examples of when to report a claim include but are not limited to:
a mistake is discovered which has or may have caused damage to a client;
any threat or communication of intention to sue had been made by a client;
another lawyer, on behalf of your client, requests your file; or
a client expresses dissatisfaction with the handling of a matter and there is an indication the client believes a loss has occurred.
Failure to report in a timely manner can jeopardize your coverage under the CLIA Policy because it is a “claims made” policy. Under a “claims made” policy, the insured is required to report during the policy year in which they become aware of the claim or potential claim. As the Policy is a “claims made” policy, it will only provide coverage if you had no knowledge of the claim or potential claim before the policy period commenced and could not reasonably have foreseen that a claim might arise.
If you are in one of the following jurisdictions, see the links provided below for more information on reporting a claim:
If you are in the Northwest Territories, Nunavut or the Yukon, claims for errors and omissions are handled through CLIA. All insured lawyers in these jurisdictions are required to report to CLIA as soon as possible after learning of a claim or becoming aware of circumstances that might give rise to a claim.
To report a potential claim, use the Insurance Claim Report Form supplied by CLIA. Send your completed form by email to claims@clia.ca.
You can also courier your claim to CLIA at:
Canadian Lawyers Insurance Association
Suite 1530, 2002 Victoria Avenue
Regina, Saskatchewan, S4P 0R7
A copy of your report must also be filed with the law society in your jurisdiction.
* After July 1, 2024, claims for Prince Edward Island will be handled through CLIA.
NOTE: If you carry excess insurance coverage over the $1,000,000 mandatory coverage, you should consult the excess coverage policy regarding the required procedures. A report to CLIA may not satisfy the reporting requirements of the excess coverage policy unless that excess coverage is also through CLIA.
If you believe you may have been a victim of a cyber attack, see Managing and Reporting a Cyber Attack.