- Has any claim been made or lawsuit brought against you due to any actual or alleged wrongful act or mistake?
- Have you or any of your employees been the recipient of any allegations of professional negligence in writing or verbally?
- Are you or any of your employees aware of any facts, circumstances or situations which may reasonably give rise to a claim?
- Has there been or is there now pending against you any suit(s), proceeding(s), claims(s), fact(s), or situation(s) that would have been covered by this insurance?
- Have you ever had any license suspended or cancelled?
- Have you had any insurance company either decline to issue or cancel any errors and omissions insurance?
- Have you ever been charged with or convicted of a dishonest or fraudulent act?
- Have you ever been found guilty of any violation of Federal or Provincial insurance or securities law or regulation?
Q. What is the difference between professional liability insurance and general liability insurance on your policy?
Our unique "claims made" professional liability covers you for professional negligence of your business and general liability for bodily injury, mental injury, illness or death for which you are legally liable. General Liability insurance provides protection for Therapists for non professional liability exposures associated with serving clients. For example, the liability for clients falling and being injured which arises out of the insured's conduct. The policy also extends to include such coverage as libel and slander and products liability.
Q. Can you provide commercial general liability insurance on an occurrence form?
Our therapist policy is specifically designed to meet the needs of individual therapists, however we also able to provide "Occurence Form" Commercial General Liability (under PART B) or we can even provide as an individual policy that provides coverage for premises, products and completed operations including employers liability, contractual liability, cross liability, tenants legal liability, non-owned auto and legal liability for damage to hired automobiles (SEF94).
Q. Why is your AGD Professional Liability policy wording so unique in combining professional liability and commercial general liability on one form?
Often professional liability and general liability issues in the event or a claim are clouded therefore our policy combines both on one simplified policy wording and at a very reasonable premium.
Q. Do you cover products liability for products that I might sell?
Yes under Option A, your are covered upto $100,000 of products liability insurance automatically including Remedies which means natural supplements, herbal remedies, creams , gels , powders, essential oils, spritzers, tinctures, homeopathic or flower remdies or bottles, jars or dispensers, however we do not provide coverage for prescription medicines. If you purchase, Option B you can purchase an "Occurence CGL" form which includes Products coverage starting at $1M.
Q. Can I renew my professional liability coverage over the phone?
No we cannot accept renewals over the phone. Each year you are required to update your renewal application. You then have the option of faxing/emailing or mailing us your professional liability renewal form.
Q. Why do I need to purchase separate coverage for my clinic?
The therapist policy purchased through this program is for individual professional liability and general liability coverage ONLY i.e., it protects the insured when negligent acts and/or omissions result in bodily injury and/or property damage to a third party. The policy DOES NOT provide coverage for property/equipment owned by the insured unless a separate policy is purchased for your premises or property or if your landlord requires an occurence form CGL policy.
Q. How do I do I insure or protect against injury to myself?
Insurance can be purchased separately under our Benefits and Disablity policy including Out of Province /Country Medical. (Currently Ontario residents only).
Q. What happens to my professional liability insurance if I move to another province or work outside of Canada?
Our policy provides liability insurance coverage Canada-Wide. We can cover you for special circumstances outside of Canada if you are traveling with a Canadian Sports Team or Delegation or temporary work outside of Canada for a number of other reasons.
Q. Are there any therapies that are charged a surcharge?
Yes, if the following activities are undertaken an additional premium loading is charged as follows:
Working with Animals 50%
Student Status 30%
Working With Professional Athletes or Dancers 100%
Q. How does my association get approved?
If your association is currently not approved, please have them contact us and provide specific about details about education and training.
Q. What happens if my therapy does not appear on the approved list? How do I get it approved?
If an individual activity does not appear in the list above and requires coverage, please provide full details of training, accreditation and course syllabus details. (Such activity will have to specifically agreed and approved by Insurers prior to cover being bound.)
Q. Do I really need to purchase my own professional liability coverage? My employer covers me or do they?
THINK AGAIN! Take some time to read the following and act appropriately!
You should know that your employer’s legal representation and insurance coverage are in place to protect your employer from liability, and to protect the best interests of your employer first and foremost, regardless of whether those interests are in conflict with yours. A private professional liability insurance policy protects you; it covers you in the case of an error or negligent act and ensures that you have personalized legal assistance and protection from liability exposure.
When you are an employee of a firm, e.g. a school board,
hospital, non-profit, your employer is responsible for your actions. However, should the limits
of your employer’s insurance be insufficient to meet the settlement of a claim in which you are
a codefendant, your personal assets could be at risk. Private professional liability insurance
protects your personal assets, provides for your legal defence and ensures that there are
adequate funds available for settlements and compensation.
There are other instances in which your employer’s insurance may not cover you.
• a complaint made to your college or professional association
• claims made when employer coverage reaches its maximum in terms of the number of claims or amouunt payable per annum
• actions on the job are deemed to be outside the scope of the employer's "best practices" for the cicumstance in which the claim arose
• complaints and investigations by Children’s Aid, police, regulatory bodies
• in the event you are charged with a crime
related to your work
• many people often are hired as independent contractors and are not considered employees and are not always insured by the contractor (employer)
Every service professional should be aware that their employer’s liability insurance may not provide them with adequate protection should they ever need it.
All therapists and service professionals should consider obtaining private insurance coverage.
Q. How long does it take to get a quote?
Rates are published in our application. However, we recognize that members want to buy their insurance quickly and simply. That is why our insurance policy is backed up by exceptional service levels featuring:
Complete applications with payment are processed within 48 hours with the exception for those with claims.
We can fast-track service for urgent submissions (additional charge may apply). Confirmation of Insurance is provided generally within 48 business hours of binding.
Q. Do I automatically qualify for this insurance?
To be eligible to purchase this insurance, you must be certified or qualified in your Profession and belong to an approved association or get Pre-approval from Holman Insurance Brokers Ltd.. You must also be a resident of Canada. We will need a copy of your certifications and qualifications sent along with your application and payment.
Q. How do I know if I am eligible for coverage under this program?
If you answer YES to any of the questions below, you will NOT be automatically eligible for coverage. This however does not mean that you are precluded from applying for coverage. Instead, you must complete the application and send it to Holman Insurance Brokers and include such things as a copy of the statement of claim and other details regarding the claim. The underwriting process may take 3-5 business days and acceptance is not guaranteed. A premium surcharge may also apply if you answer YES to any of the following questions:
Q. What is a claims-made policy?
A "claims made" policy protects the policyholder against claims or incidents that are reported while the policy is in force, or during an "extended reporting period". The negligent act, error or omission must have also occurred during the specific time frame set by the policy.
Q. What is the difference between a claims-made policy and an occurrence policy?
An Occurrence policy protects you against incidents that occur while the policy is in force, regardless of when the claim is reported. A Claims Made policy protect you against claims that are made or reported during the policy period regardless of when the claim actually happened.
Q. What happens if I retire, die or cease to do business?
Remember professional liability policies are written on a "claims made basis". Once you lapse or cancel your policy you will no longer have coverage for work that has been performed in the past. To solve this problem we can provide ‘run-off’ or extended reporting coverage. If you take out this cover, if any claims come in after you have retired, they will be covered if they arise from your business activity while you had coverage in effect. This cover would ensure that any late claims are still covered while the extended reporting coverage is in effect. You must contact us (or your Estate) to arrange this cover, and a charge will apply.
Q. What should I do if I think I might need to claim?
You should notify us immediately, even if you only think you might need to make a claim. We are here to help and quick action could mitigate costs or even prevent a claim. Equally, if you have a routine query on which you would like our opinion, we are always happy to help. See tab on left "How to report a Claim".
Q. Why do I have to provide copies of qualifications in the event of a loss even if I provided these at time I applied for insurance?
This is a standard procedure in the event of a claim. If you have already provided these and your qualifications do not require recurrent training you will not need to, however if your qualifications require recurrent training or updating we will require evidence that your are currently qualified to provide the therapy. The onus is on the insured to provide these.
Q. Is this insurance subject to HST.
This insurance is not subject to HST, but is still subject to Ontario 8% PST and Quebec 9% QST and Manitoba 7% (starting July 15, 2012). All other provinces no tax applies.
Q. Why do you only provide electronic copies of policies?
We have made an decision to provide this program as a paperless environmental friendly progam. As a result all documentation will only be forwarded electronically. Every little bit helps in saving our environment. Go Green! In addition, it keeps the premium costs down which we pass on to your our valued customer. Most of our customer's prefer this method and are actually amazed we are able to provide the level of service we offer and the speed we are able to offer. If you still require a paper version, this is available at an additional charge.
Q. What is an additional Insured?
An additional insured (AI) is reserved for a business name or landlord you want listed on the policy. It is not for other professional providers and/or co-workers.
When you add a landlord or business name to your policy as an Additional Insured, you are extending your policy coverages to protect the additional insured from a lawsuit that was caused by your negligence. In other words, if someone slipped in your space of service and broke their arm, the injured person would sue you and the additional insured. Since the landlord or business name is added as an Additional Insured your insurance policy would protect both you and them in the suit.
Q. What if I work under a name other than my own?
If you work under a business name you can add this as an additional insured. However, it does not cover all those who work in your business. It only protect the "name" of the business if it is listed specifically in a claim.
Q. What if I am a practitioner that deals with vulnerable clients?
The policy covers all activities your are qualified for regardless of the modality and the types of clients you work with. Even if you work with higher risk clients such as trauma victims or drug and alcohol dependent clients, there are no restrictions on the cover for these types of work. However, we would suggest that you purchase higher limits of coverage. We have limits available up to $5,000,000 per claim / $10,000,000 Aggregate
Q. What level of cover do I need?
With legal costs and the likelihood of being sued increasing, you should consider as much cover as you can afford. Your own personal circumstances will also have a bearing on the amount of cover you may need. For example, corporate clients may require that you have a $5,000,000 liability limit.
Q. Am I covered if I see clients at home?
The policy does cover you for Professional Liability for seeing clients at home or anywhere in Canada. You should however, inform your home insurance provider to ensure a home business does not interfere with their policy because any slip and fall claims on your premises would go against the owner of the premises. The alternative is to purchase a Commercial General Liability (CGL) policy for your commercial business exposures on a separate policy on an "Occurrence basis". This will not only provides coverage for premises, products and completed operations, it will also provide employers liability, contractual liability, cross liability, tenants legal liability, non-owned auto and legal liability for damage to hired automobiles (SEF94).
Q. My house insurer will not insure me if I work out of my house. Can you insure my house?
Not to worry, Yes we can! While most homeowners policies exclude businesses that are operated out of the house, we have made special arrangements with the same insurer to provide house insurance for Therapists working out of their home.
Q. I am a counsellor and I provide services using Skype™ . Am I covered?
Counsellors are very important people in the lives of their mobile clients. Counsellors services are covered for providing services or giving advise using Skype™ .
Q. If I am new to your company will you provide "prior acts" coverage? What evidence do you require for prior insurance?
Yes we will provide "Prior Acts" coverage if you can provide us with evidence of prior insurance. We can make the "retro date" to the earliest date since you have had continuous coverage. A copy of your prior "claims made" policy(ies) showing the past retro date is required.
Q. I am a Student and I have certificates in some modalities, but I am still studying or plan to study others? Can these modalities be added to my policy after I have been approved?
If the modalities you have completed training in are recognized by Holman, you can include those modalities in your application. For modalities in which you are a student, these can be recognized as a practitioner in those areas. Ensure you include a copy of current course enrollment. Please note that there are specific limitations on your insurance coverage as a student. As a student, you are only covered in a program-supervised clinical/practicum setting as designated by your school or training institution.
Q. I notice that you insure alot of different therapies and your premuims are very competitive for all therapies. How do you do it?
We have specialized in Professional Liability insurance for over 30 years and with our large client base we are able to offer volume savings we receive from insuring so many therapists and countless other professionals. In addition, our prices do not include any mark up for association or membership fees that some associatons may charge.
Q. What happens if I get qualified for another therapy during the policy term?
New therapies can be added at anytime to your professional services when you become qualiified. They will be charged at the then current rate (or increase rate for a higher category). All additions are subject to a minimum $50 service charge.
Q. I am individual complimentary health practitioner and I believe that my job does not carry much risk, yet in order to practice, I am required to carry Professional Liability insurance. That's not fair, why?
Even when you do your absolute best work, there's always some risk that someone you interact with will be dissatisfied. And any dissatisfied patient or client company could file a claim against you. Even if you're not at fault, without Professional Liability insurance, you would have to pay for your own legal defense and any potential settlement costs.
One of the most common types of lawsuits brought against complimentary health providers deals with negligence in the performance of their professional duties. These types of suits seek damages sustained when you fail to perform your job according to established standards of conduct for your field. The costs of a legal defense, not to mention a settlement, can be devastating in such cases.
Even if you work for a company or someone else, your company's Professional Liability coverage may not be enough to protect you in the event of a lawsuit. Ultimately, maintaining Professional Liability insurance is the responsible thing to do.