CLEI for Senior Care Institutions
Legal Expense Insurance provides protection for specific issues that are not ordinarily covered by your commercial liability policy.
Legal Expense Insurance for Senior Care Institutions
Legal Expense Insurance provides protection for specific issues that are not ordinarily covered by your commercial liability policy. The coverage relates to matters that can affect all organizations engaging in services for seniors and where having the ability to seek legal advice may prevent a matter becoming an expensive and time consuming issue. This cover provides you with peace of mind knowing that a lawyer is readily accessible to provide you with advice, and if necessary to represent you.
Summary of Coverage
Contract Protection – pursuit or defence of contractual disputes relating to the sale, purchase, lease or rental of goods (Contract for Goods) or the provision of services (Contract for Services) e.g. disputes with customers/suppliers or a Resident’s licence or contract for care services (including recovery of care service charges).
N.B. Legal fees and expenses are limited to 100% of the amount in dispute. The sum in dispute must exceed $5000. If this is the first legal expense policy you have held the contract must be entered into during the policy period.
Employment Defence Protection – e.g. defence against wrongful dismissal charges, discrimination. You are required to contact the TLA service for all employment issues and you must follow the recommendations given.
N.B. If this is the first legal expense policy you have held there is a ninety day waiting period from inception of the policy before this section of coverage takes effect.
Criminal Prosecution Protection – e.g. Defence of criminal or statutory proceedings (e.g. Criminal Code (Canada), Occupational Health and Safety Act). Cover can be extended to an employee if joined in the same criminal proceedings at your request.
Property Protection – e.g. Pursuit or defence of disputes relating to freehold/leasehold property (e.g. landlord and tenant disputes, nuisance and trespass). This includes pursuit of claims relating to damage to Property but the legal fees and expenses are limited to 100% of the amount in dispute. The sum in dispute must exceed $1000.
Tax Protection – Tax Audit and Tax Reassessment arising out of any tax return submitted to the Canadian Revenue Agency or other similar Canadian provincial agency.
N.B. a claim must be notified within 30 days of receipt of any Tax Reassessment. Preparation of tax return is excluded. An accountant will provide assistance.
Registration Protection – Representation where a notice to cancel or suspend a care licence or registration is issued. You are required to contact STERLON immediately upon receipt of any communication from a regulatory body. You will receive telephone legal advice with respect to the issue and you must follow the recommendations given.
Driver Protection – Defence of you, and any employee at your request who was acting within the scope of their employment, in matters relating to a suspension or revocation of a driver’s licence or Commercial Vehicle Operators certificate, or a prosecution under the Highway Traffic Act and Criminal Code of Canada
Privacy Legislation Protection – Defence against breaches of privacy legislation.
- Actions against STERLON or Underwriters
- Judicial Review
- Pre-existing matters
- Legal and professional fees incurred prior to approval
- Employment disputes occurring within the initial 90 days of coverage
- Matters relating to assault, violence, fraud, conspiracy to defraud
- Any dispute between your organization and any parent, subsidiary or associated company or partner
- Preparation of tax returns
- Your broker will provide you with the per claim and annual aggregate limits
- Reasonable legal and professional fees (at a rate of up to $400/hour) and disbursements
- Legal proceedings must commence in Canada
- 10% co-insurance for legal and professional fees in excess of $50,000
- No payment for awards, damages, fines or penalties