Table of contents
Notifying a claim
Your policy requires that you give LPLC immediate notice of any claim first made against you during the policy period, or any circumstance which might give rise to a claim of which you become aware during the policy period. Early notification is encouraged as this enables us to take action, or provide advice and guidance, so as to minimise any loss or damage that might occur.
If you have had a claim made against you or circumstances have arisen which you think may give rise to a claim in the future, you should telephone us to discuss the matter on 9672 3800. Alex Macmillan, Justin Toohey or Bronwyn Hine will be pleased to take your call and discuss whether you need to give us formal notification.
Notification must be in writing in order to comply with your obligations under your policy of insurance. Notification is not deemed to have occurred until it is received by us in writing.
If you need to notify us of a claim download the relevant notification form below:
Please complete and forward to us.
You should include a copy of any relevant documents and correspondence, as well as a summary of the events giving rise to the claim or potential claim, with this form. Please confine your notification to statements of fact (not opinion) and do not make any statements that might be interpreted as an admission of liability.
After you notify a claim
Once notified, LPLC will open a file and discuss the claim with you – and how best to address it.
If proceedings are issued, LPLC will instruct a panel solicitor, but with a reservation of its rights under the policy until the claim has been investigated and indemnity formally admitted. If proceedings are not issued, LPLC’s experienced claims solicitors will manage the claim, and work co-operatively with you to achieve the best outcome.
Whether litigated or not, LPLC’s aim is to identify the issues in dispute, the underlying cause(s) of the problem, and to reach a fair, prompt and cost effective resolution of the matter. Where appropriate, claims will be defended.
Your policy excess is only required in the event of a settlement or judgment in the claimant’s favour. Your excess is not used for defence costs. (This does not apply to large firms which have a costs inclusive excess.)
We adopt a collaborative approach to the resolution of claims with insured practitioners. We will not settle matters without your consent but your co-operation is required to enable us to investigate and assess the claim exposures and determine appropriate strategies for the defence or settlement.
Cost and risk rating
The costs of the claim, including defence costs, are taken into account when risk rating unless there is a finding of no negligence (exoneration) or when the matter settles on a ‘bear your own costs’ basis or where there is a denial of indemnity.
Notification of circumstances is not taken into account for risk rating and will not affect your premium calculation.