Risk Management & Claims Prevention
Warning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies
The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article by Debra Rolph, Director of Research… Read More »
Categories: Limitations ClaimsLAWPRO Tales of Horror: A U.S. court decision on a a bank’s duties to a firm in a bad cheque scam
Lawyer Ethics Alert Blogs has a post describing an Illinois appeals court case in which the court ruled that a law firm had no recourse against its financial institution in a counterfeit cheque matter. While the laws dealing with financial institutions in the U.S. are different than here, the takeaway for Ontario lawyers is to… Read More »
Categories: Fraud PreventionLAWPRO Tales of Horror: The Phantom Client Returns…Again and Again
Recent LAWPRO claims have driven home to us the importance of formal retainer arrangements and avoiding the spectre of the phantom client. Unfortunately, these issues are not new. In 1991,William S. O’Hara wrote an article for the Law Society of Upper Canada Errors and Omissions Bulletin entitled “Beware of the Phantom Client.” He wrote: Of… Read More »
Categories: Civil Litigation, Communication ErrorsHomewood Human Solutions e-Learning courses can now be claimed for the LAWPRO Risk Management credit
As maintaining good mental health and coping well with stress helps lawyers avoid claims, LAWPRO financially supports the Law Society’s Member Assistance Program (MAP), which is administered by Homewood Human Solutions (HHS). As of September 16, 2014, e-Learning courses offered on the HHS site will now be approved for the LAWPRO Risk Management credit. The… Read More »
Categories: Announcements, Wellness and BalanceWarning re: Claims exposure where private mortgage advance goes to third party
[The following is the text of a LAWPRO alert sent October 7, 2014. This post mirrors the alert, but includes samples of the new exemption clauses we have seen in claims files.] LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims… Read More »
Categories: Fraud Prevention, Real Estate, The TitlePLUS Program & Title InsuranceFailure to communicate barriers to enforcement of terms of preferred lending practice
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A woman needed to refinance her home to raise funds for her business. Due to her religious… Read More »
Categories: Communication ErrorsThe need to respect a client’s cultural traditions
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A lawyer appeared on behalf of a client on a criminal matter. During a break in the… Read More »
Categories: Communication ErrorsCautionary tale of a lawyer targetted for fraud by a paralegal of the same cultural background
In his article “Manage Malpractice Risk by Recognizing Cultural Diversity“, Lorne Shelson (Litigation Director & Counsel in the Specialty Claims Department at LAWPRO) gives five ‘culturally-based’ claims scenarios loosely based on real LAWPRO claims. Here is one scenario: A lawyer was both a member of a racialized community and first licensed as a lawyer in… Read More »
Categories: Fraud Prevention