“Claims Made” Policy

Professional Liability policies are written on a claims made basis. This means the Policy covers claims actually brought against an Agent during the policy term, irrespective of when the error or omission took place.

It is vital to ensure that all claims or incidents which may give rise to a claim (i.e. become known by the Agent because of a complaint — written or oral — by the client or discovery by the Agent of the error) are reported to the insurer during the Policy Period.

Policy is written on a “Claims Made” form

Insured Services

Insured Services are those professional services that are afforded coverage under a Professional Liability policy.

Provides coverage for rendering services as a “licensed Life Insurance, Accident and Sickness and/ or licensed/registered Mutual Fund Agent/ representative”.

Provides coverage as noted above but for Licensed Marketing Assistants (LMAs) who are salaried, have no personal sales and receive no commission income: AND must be employed by an Insured Agent/Agency currently enrolled in the program.

LMAs must purchase their own Certificate of Insurance for a reduced annual premium of $378 for a limit of $1M per claim and $2M annual aggregate.  Only one limit is available for the LMAs.

Personal Income Tax Preparation

Professional Liability policies can provide coverage for Personal Tax Preparation as it generally forms part of the professional services of the Named Insured. 

Coverage may be purchased by endorsement for an additional flat premium of $75. Subject to $1,000 deductible.

Provides coverage for the Named Insured / Personal Income Tax Preparer, but only when using software approved by the CRA and shall only apply to individuals filing a T1 General Return.

Prior Acts Provision

This is a very important feature to look for when purchasing Professional Liability coverage. NOTE: It is important to maintain continuous E&O liability insurance.

Prior Acts covered.

Limits of Liability

Limits of Liability are chosen by the Insured at the inception of the policy.

Following liability limits are available:

$1M Per Claim/ $2M Annual Aggregate

Or $2M per Claim/ $2M Annual Aggregate

 (higher Aggregate limits where Regulations require same)

Deductible

The deductible varies for Professional Liability policies. The maximum life product deductible in some jurisdictions is $1,000.

$1,000 deductible on each claim (Life + AH)

$2,500 deductible on each claim (Mutual Funds)  

Defense and Settlement

Professional Liability programs can provide defense costs either within the Limit of Liability or as an extra dollar amount.

Provides an additional limit of liability for defence costs, up to the limit of liability purchased.

Should this limit be exhausted, further defence expenses would reduce the amount available to pay a claim.

Extended Claim Reporting

Any Professional Liability policy should have a provision to allow an insured to purchase coverage to allow for the reporting of claims after the termination of the policy.

The extension should apply to all claims made in the future that have their origin prior to the termination date of the policy.

Provides the option of this Extended Reporting Period for RETIRING, DECEASED, or DISABLED Agents, however there is an additional premium charge (except with respect to Manitoba Regulations, which are met).

Options range from 1 to 10 years

Flat Premium – Last annual

3 years   150%

4 years   175%

5 years   200%

10 years 300%

Termination or Cancellation  -  1 year ERP is available for most Agents @ 75% of last annual premium

For more details contact your Marsh Canada representative.

 Territory

Defines where cover applies or where suits must be filed

Provides world wide coverage as long as the claim is made and suit is brought in Canada or the United States of America*.         

* If you have US licenses, you must make arrangements to purchase a separate policy in the US.  The intention of this policy is to provide coverage for Canadian professional services.

Named Insured’s

Named Insured’s are those individuals who are afforded coverage under a Professional Liability policy.

Policy covers:

1.    The Named Insured (Policy Holder)

2.    Administrative assistant employees for whose acts the insured advisor is responsible.

3.     Any heir, executor, administrator, assignee or legal representative of the Insured in the event of the Insured’s death, incapacity or bankruptcy.

4.    The agency, including a corporation or partnership under which the Insured is doing business or is employed but only as respects such corporation’s or partnership’s liability as it might arise directly out of the Insured’s activities.

5.    In Quebec: trainee agents or said agents, and representative agents.

Cancellation

Many Professional Liability policies contain a short rate cancellation clause

Policy contains the standard short rate cancellation provision.