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Overview

The Lawyers’ Insurance Association of Nova Scotia (LIANS) is a not-for-profit company that provides mandatory liability insurance and administers the insurance program for practising insured members of the Nova Scotia Barristers’ Society. LIANS is administered by a Board of Directors.

LIANS is a member of the Canadian Lawyers’ Insurance Association (CLIA), an insurance reciprocal that acts as the insurer for the program. CLIA provides liability insurance to the legal profession as well as a voluntary excess insurance program.

Mission

The Lawyers’ Insurance Association of Nova Scotia is established and operated pursuant to the Legal Profession Act and Regulations, as part of the public protection mandate of the Nova Scotia Barristers’ Society.

LIANS conducts the mandatory professional liability insurance program for the benefit of the practising insured members.

Vision

LIANS is recognized by Nova Scotia lawyers and its peers for the superior quality of its professional liability insurance program and for its active risk and practice management (RPM) program that is used and valued by its insured lawyers.

LIANS is managed in a fiscally responsible manner; always ensuring adequate resources are available for the long-term health of the program. Its governance and authorities are clearly specified, and its relationship with the NSBS is exemplary.

LIANS continually meets its goals and objectives and reviews them every three to five years.

History

The Nova Scotia Barristers’ Liability Claims Fund was incorporated in 1990 pursuant to Section 37 of the Barristers and Solicitors Act, R.S.N.S. 1989, c. 30.The Fund was set up as an arm of the Nova Scotia Barristers’ Society to administer the insurance program and reports to a Board of Directors. Prior to 1990, the insurance program was managed by the Nova Scotia Barristers’ Society through its governing body, Bar Council.

Professional liability insurance was made mandatory by the Nova Scotia Barristers’ Society for all practicing members in 1972. The mandatory program, effective July 1, 1972, had a limit of liability of $100,000 and was subject to a $2,500 deductible. Insurance was purchased from commercial markets from 1972 to 1989 when CLIA was formed. The Nova Scotia Barristers’ Society joined CLIA at its inception. By that time, the limit of liability required under the mandatory program had gradually increased and was then at $1,000,000. The deductible for individual lawyers remained at $2,500 and the Society had assumed a group deductible or self-retention of $100,000 per claim.

In 1991, the individual deductible increased to $5,000 per claim. The per claim limit remains at $1,000,000. In 1997, an aggregate limit of $2,000,000 was added to the policy.

Our name change from the Nova Scotia Barristers’ Liability Claims Fund to the Lawyers’ Insurance Association of Nova Scotia came into effect with proclamation of the 2004 Legal Profession Act.

Governing Legislation for our Program

The legislation governing LIANS is the Legal Profession Act, S.N.S. 2004, available in ‘Regulation’ on the Nova Scotia Barristers’ Society site.