Notice of Complaint
You arrive to work and receive notice of a College complaint made by a former patient. Although you are a CPA professional liability insurance policy holder, your employer recommends that you utilize their corporate legal assistance for your response and defence.
Do you:
Try to resolve the situation on your own, with assistance from your employer?
or
Report the claim to your insurer?
Answer
Without question, you should report the claim to your insurer. It is always in your interest to do so no matter how small the issue might seem. In fact, your CPA professional liability insurance policy requires that you report any actual – or even potential – claim promptly and as soon as practicable.
When you try to resolve the issue on your own, you may be jeopardizing your access to insurance coverage and legal defence services through your CPA policy. CPA is aware of circumstances where physiotherapists have secured independent legal counsel, but for a variety of reasons have decided to pursue coverage under their policy at a later date. If the reporting period has passed, you run the risk of your claim not being accepted. This means you could become responsible to pay for the costs of ongoing legal representation and other associated fees out-of-pocket.
When reporting a claim, you will speak in confidence with a claims specialist, who will examine your policy, identify your coverage, and assist you with next steps, including coordinating your legal defence if required. Reporting a claim will not limit your ability to secure coverage in the future. It’s not like car insurance – your rate won’t go up just because a claim has been made.
Don’t jeopardize your access to insurance coverage and legal defence services. Communicating with your claims representative will give you the peace of mind that comes with knowing insurance experts specialized in professional liability are working with you to achieve the best possible outcome for all involved.
To report a professional liability claim, please call your claims representative at Crawford: 1-877-805-9168 or BMSclaims@crawco.ca.