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Home: CSDMS Membership: Liability Insurance Liability Insurance
Who Is Marsh Canada Limited?Marsh Canada Limited is a wholly owned subsidiary of Marsh Inc. Over 1,000 full time employees are strategically located in 11 offices across Canada and we are the leading advisor in Canada for the development and management of affinity programs. Enquiries relating to your Professional Liability Insurance coverage should be directed to:
Marsh Canada Limited Why Do You Need Coverage?Even if you have insurance coverage through your employer, it is recommended that you purchase your own individual professional liability insurance policy for the following reasons:
What is Covered (Limits)Encon Group Limited, one of Canada leading professional liability and errors and omissions insurance provider of liability insurance through selected brokers such as Marsh, is providing coverage to CSDMS members: $2,000,000 - Limit any one claim/per Insured member Legal Defence Coverage - reimburses you up to $50,000.00 any one claim / $100,000.00 per year per Insured member for complaints to Professional Regulatory Entities authorized by Provincial or Territorial Legislation and Inquests Criminal Defence Reimbursement - reimburses you up to $100,000.00 any one claim / $100,000.00 per year per Insured member reimburses for your defense costs for a penal offense (i.e. abuse) provided the defense proves to be fully successful In the Event of a ClaimIn order to enable us to effectively respond to claims and attempt to prevent claims being made against you, it is essential that you provide Marsh with prompt notification of claims made against you as well as "circumstances" which could reasonably give rise to claims. If you are unsure whether the situation facing you constitutes a claim or a circumstance, we recommend that you always err on the side of caution and report the situation to us. Your errors and omissions liability insurance is underwritten on a “claims-made” basis, covering claims made against you during the policy period and reported to the insurance company during the policy period. Failure to comply with the claims reporting provisions of the policy will result in the Insurer denying coverage for the claim under your policy. FAQ - QUESTIONS AND ANSWERSWHAT SERVICES ARE COVERED BY OUR POLICY? Professional Liability / Errors and Omissions Liability is intended to cover you for claims arising as a result of performing your professional services as a Diagnostic Medical Sonographer. It is important to understand that not all “acts” are covered and you should read the insurance policy carefully. WHAT IS THE ERRORS & OMISSIONS INSURANCE DESIGNED TO DO? Errors and Omissions Liability transfers certain risks to an insurance policy. You can be sued whether you have insurance or not – the Errors and Omissions transfers certain liabilities to an insurance policy so that you are not required to defend yourself with your own personal assets. WHAT ARE SOME OF THE MISCONCEPTIONS ABOUT ERRORS & OMISSIONS INSURANCE ? Some common misconceptions about Errors and Omissions insurance are:
DO WE REQUIRE THE INSURANCE? Many employers are now insisting that their professional staff carry their own personal Errors & Omissions Liability Insurance. AM I COVERED FOR CLAIMS ARISING FROM “WRONGFUL ACTS” WHICH OCCUR PRIOR TO JOINING CANADIAN SOCIETY OF DIAGNOSTIC MEDICAL SONOGRAPHERS? Once you become an Insured member under the Canadian Society of Diagnostic Medical Sonographers program, you will be covered for claims arising from situations prior to joining the Candian Society of Diagnostic Medical Sonographers, which were unknown at the time you joined the Candian Society of Diagnostic Medical Sonographers. Any pending or prior litigation, situations you know about or situations which could reasonably be expected to give rise to a claim, would not be covered. These would have been reported to your previous insurer. WHAT HAPPENS IF I LEAVE THE PROFESSION AND A CLAIM IS FILED? In the event that the insured member, in good standing of Canadian Society of Diagnostic Medical Sonographers, voluntarily and completely gives up the practice of his/her profession during the policy period, this policy will provide indefinite coverage for professional liability for any act done by the Insured member before the giving up of practice, as long as the current insurer is the insurer on the program, at the time the claim is filed. HOW DO I FILE A CLAIM? In the event that an Insured member receives an oral or written notice alleging that he/she is liable for damages arising out of performing your professional services, you should contact Marsh Canada immediately. A claims analyst appointed by Encon will then collect all the necessary information, evaluate, and instruct the member accordingly. SHOULD I CONTINUE TO RETAIN THE PATIENT? Whether or not to retain the patient is a business decision you must make. CAN I REPORT A CLAIM WITHOUT THE PATIENT’S INVOLVEMENT? You have a duty under your policy to report any wrongful act which may result in a claim. The insurer claims analyst will evaluate the situation and determine what action, if any, is required. HOW AM I PROTECTED IF THE PATIENT AND I SETTLE A LOSS DIRECTLY BUT THEY COME AFTER ME FOR MORE AT A LATER DATE? No Insured Member will, except at their own cost, voluntary make payment, assume any obligation, or incur any expenses without having first notified and obtained the prior written approval of the Insurer. If you attempt to settle the situation on your own, your insurance will be null and void. HOW SHOULD WE HANDLE “POTENTIAL” CLAIMS, I.E. THE PATIENT IS NOT AWARE OF A POTENTIAL PROBLEM BUT WE ARE? No settlement should be made without having first notified and obtained the prior written approval of ENCON. If you attempt to settle the situation on your own, your insurance will be null and void. Any settlement should be on a basis of non-admission liability. When a settlement is reached with your patient, a release should always be signed. However, a release does not offer full protection unless the claimant consults with a lawyer when signing it. HOW SHOULD WE HANDLE "POTENTIAL" CLAIMS, I.E. THE PATIENT IS NOT AWARE OF A POTENTIAL PROBLEM BUT WE ARE? You have a duty under your policy to report any wrongful act which may result in a claim. The insurer claims analyst will evaluate the situation and determine what action, if any, is required. WHEN DO I NEED TO CONSULT LEGAL COUNSEL WITH RESPECT TO A CLAIM? IS THIS COVERED BY E&O INSURANCE EVEN THOUGH NO CLAIM MAY EVER BE FILED? There are a variety of instances where you may wish to consult legal counsel but the most common is when you receive a demand letter or a statement of claim from a patient’s lawyer. If you incur the costs of legal counsel without Insurers’ consent, these costs will not be covered. If you report the situation to the Insurers, a claims analyst will determine if legal counsel is necessary. This Web page is only an outline of the policy and is for information purposes only. Certain policy exclusions and limitations may apply in any given fact situation and limit the amount payable and excluded under this insurance coverage. Full terms and conditions of this insurance, including all exclusions and limitations are described in the policy document, a copy of which can be obtained from Marsh Canada. Marsh Canada does not guarantee or make any representation or warranty that insurance can be placed on terms acceptable to a client. Marsh Canada assumes no responsibility for any loss or damage in reliance on this page. Marsh Canada, as an insurance representative, does not provide legal advice, and this explanation should not be relied upon as a legal interpretation of the policy provisions. Policy holders should consult their insurance and legal advisors regarding specific risk issues. Should you have questions relating to your professional liability / errors and omissions coverage you may contact a Marsh Canada representative as outlined below. Mireille Talbot Adèle Laurin |
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