Once you have reported a claim, LIANS will open a claim file. The claim is assigned to LIANS Claims Counsel, who will confirm coverage. LIANS has complete and exclusive control over the conduct of the defence of a claim (see clause 4.4(a) of the Policy). If the Claims Counsel identifies any potential exclusions or breaches of Policy conditions that place coverage in issue, they will initiate a coverage review.
Claims Counsel will then investigate the claim, and contact you, either by letter or by telephone, to discuss the claim and request any additional information that will assist in the investigation. LIANS may retain counsel to provide an opinion or defend the claim.
The claim may be settled or defended by LIANS, as deemed appropriate after a review of the claim and the relevant facts, evidence, legislation and legal principles. Once Claims Counsel has completed a review of the claim, LIANS will review its position with you. Once the investigation has been completed, either the claims counsel or defence counsel will present LIANS’ position to the claimant.
For example, if a claim is paid in the current Policy year 2010/2011, the Insured receives a surcharge on the insurance levy of 40% on their 2010/2011 invoice from the Nova Scotia Barristers’ Society. If the insurance levy for 2010/2011 is set at $1887, a surcharge of $754.80 will be applied. This will occur for each of the five years following the date of the claim payment. The surcharge in each year will vary with the amount of the insurance levy for that year.