Liability Medical Malpractice
THE POLICY
Section 1 of the Malpractice policy provides wide cover to the Insured for sums which the Insured becomes legally liable to pay in respect of:
- Personal Injury - Products Liability.
- Property Damage - Advertising Liability.
The term personal injury most commonly refers to such things as bodily injury, death, sickness, disability or mental anguish.
Property damage encompasses physical damage or loss of property along with loss of use of property even if the property in question has not been damaged.
Examples of advertising liability include libel, slander and infringement of copyright in any advertisement, article, broadcast or telecast.
It also provides cover for liability arising out of the client's products. "Products" means anything which is manufactured, constructed, erected, installed, repaired, serviced, treated, sold, supplied or distributed by the Insured (including packaging and containers) in the course of the business and after it has ceased to be in the physical custody or under the legal control of the Insured.
Section 2 of the policy provides cover for Medical Malpractice and indemnifies the client for claims made during the period of insurance which arise or are alleged to have arisen out of an act, error or omission or negligence in the provision of professional services (malpractice).
WHO NEEDS THIS COVER?
This product is designed for hospitals, nursing homes, aged care facilities and the like.
LIMITS OF LIABILITY
There are two different limits of indemnity for this product, one for each section.
The limit of indemnity for Section 1 establishes the maximum amount for which Catholic Church Insurances Limited will be liable as a result of any one occurrence. However, it is important to note that our total aggregate liability under the Products Liability section of the policy during any one period of insurance shall not exceed the selected policy limit of indemnity. Pricing can be provided for limits of indemnity up to $200,000,000.
The limit of liability for Section 2 operates differently in that there are two limits of liability, a "limit any one patient" and an "aggregate limit". The "limit any one patient" is self-explanatory in that it expresses the maximum amount of compensation which will be paid to any one patient. The "aggregate limit" is the maximum for which we will be liable during the period of insurance.
STAMP DUTY
Where applicable stamp duty is added to the premium.
FEATURES and BENEFITS
- Coronial Inquiries - the provision of legal costs for the attendance at any Coronial Inquiry that the insured is required by law to attend.
- Good Samaritan Acts - indemnity for any medically qualified employee for claims arising from Good Samaritan Acts performed during travel between the employees residence and the insured institution.
- Non imputation - where the policy covers more than one insured.
- Failure by an insured to advise any matter required to be disclosed to Catholic Church Insurances Limited; or
- Failure by an insured to comply with the conditions of the policy shall not be imputed to any other insured.
- Fraudulent, criminal or malicious acts of employees - indemnity is provided for claims brought as a result of such acts committed by an employee.
- Trades Practices Act - indemnity for claims resulting from conduct that is misleading or deceptive and contrary to the Trades Practices Act or Fair Trading Act.
- Loss of documents - indemnity for loss of documents.
IMPORTANT POINTS
The malpractice section of the policy is a claims made policy, meaning that the claim must have first been made against the Insured during the period of insurance and notified to us during that period of insurance. It does not matter when the incident giving rise to the claim happened, provided the incident occurred after the retroactive date shown on the policy. The retroactive date to appear on the policy will always be the inception date of the policy.
It is a condition of the policy that no admission, offer, promise or payment be made to any third party.
Our policy also provides cover for members of unincorporated bodies such as welfare and sporting groups, provided that the group is formed with the knowledge and consent of the insured and operates under the insured's control.
TAKING OUT A POLICY
Catholic Church Insurances Limited will assist in obtaining information necessary for providing a quotation or issuing a policy
It is most important that we be advised in writing as soon as possible of every occurrence, writ, summons, proceedings, impending prosecution or inquest where liability may arise under this policy.
We need to thoroughly investigate the event as soon as possible after it has occurred, whilst it is still fresh in people's minds. This will then allow us to prepare a better defence of the claim if we consider that this is required.
Please note: this information sheet is not intended to replace the policy wording. It is designed for information purposes only and should be read in conjunction with the policy wording. For further information or a full copy of the policy wording please contact Catholic Church Insurances Limited on 1300 655 001.
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