Notifying a claim
The policy requires that immediate notice be given to LPLC of any claim first made against you during the policy period, or circumstance which might give rise to a claim of which you become aware during the policy period. We encourage early notification 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.
Formal 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.
Formal notification
If you have to give us formal notification, there is a claim notification form available for you to print off, fill in and mail to us at:
Legal Practitioners Liability Committee
DX 431 Melbourne
Or
31st Floor, 570 Bourke Street Melbourne 3000
You should include copies of relevant documents and correspondence with this form as well as a summary of the events giving rise to the claim or potential claim. 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 notification
Once notified, the LPLC will open a file and discuss the claim - and how best to address it - with you.
If proceedings issue, the 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 'in-house', 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. If a claim has no merit or is vexatious, we will defend it strongly.
Your excess, which is calculated with reference to the number of partners or principals (equity and salaried) of the firm (or directors of an incorporated legal practice) at the time of the act or omission giving rise to the claim, is only required in the event of a settlement or judgment in the claimant's favour. Your excess is not used for defence costs (although if your firm comprises 20 partners or more and has arranged an 'agreed excess' policy then the excess is costs-inclusive and therefore applies to defence costs).
Your co-operation
Under the policy, you are obliged to co-operate with the LPLC or its panel solicitor. Settlement cannot be effected without your consent, but in the event that you refuse to accept a recommended settlement, the LPLC's liability is capped at the settlement recommended by LPLC and you will be responsible for any further expenses (defence costs or damages) incurred in resolving the claim.
The cost of the claim, including defence costs, are taken into account when risk rating unless there is a finding of no negligence (exoneration) or the matter settles on a "bear own costs" basis.
More details of the LPLC policy coverage.