All lawyers in the NWT who are in private practice or are not otherwise exempt from purchasing insurance for errors and omissions are insured through the Canadian Lawyers Insurance Association. Fees are set by CLIA annually and members may choose to pay the fees all at once or in two installments. Information about CLIA and the services they provide can be found here: http://www.clia.ca/
In addition to the liability insurance through CLIA, cyber insurance has been purchased on behalf of the Law Society’s members who are in active private practice. This additional insurance covers damages and claims expenses associated with lawsuits alleging the unauthorized access to, degradation of, or disruption to the insured’s network, failure to prevent transmission of malicious code or viruses, and use of the insured’s network to perform a denial of service attack (DDOS). It also covers damages and claims expenses associated with lawsuits alleging the unauthorized collection, disclosure, use, access, destruction or modification of personal protected Information. More information about the cyber insurance purchased for LSNT members, including how to make a claim, can be found here.
FILING A CLAIM REPORT
In the Northwest Territories all claims for errors and omissions are handled through the Canadian Lawyers Insurance Association (CLIA). All insured lawyers in the Northwest Territories 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. The policy is a 'claims made' policy, meaning lawyers must report all claims or potential claims during the policy period.
To discuss a claim or potential claim, please contact Cathy Nyhus, Claims Administrator, at (306) 347-3054 or at firstname.lastname@example.org
If you cannot reach Cathy, please contact Dave Jackson, CEO, at (306) 347-3056, or at email@example.com
To report a potential claim, use the Insurance Claim Report Form supplied by CLIA. Send your completed form by email to Cathy or Dave. 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 of the Northwest Territories.
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.
ADVISING THE CLIENT
If they are not aware already, it is important to advise your client of the situation. Explain the problem to the client in person and in the presence of a witness. Identify in what way you may have harmed him or her and why. Stick to the facts and their significance. Advise that the client get independent legal advice about the situation, and confirm this advice in writing.
It is important, at this stage, that you do not admit liability and do not mention insurance.
OPENING A FILE
You should open a separate file for correspondence on this subject with CLIA or the solicitor appointed to act for you. If you turn over papers to your former client or his/her solicitor, keep copies of ALL such documents for the use of CLIA or the solicitor appointed to act for you.