Appendix 5:
Liability Insurance

Governance

(adapted from McMillan Binch Mendelsohn)

  1. Ensure all healthcare professionals carry professional malpractice insurance.
  2. Obtain general liability insurance to cover the primary care group.
  3. Obtain Directors' liability insurance, either through the primary care group (e.g. group pays the premiums) or personally (individual members pay premiums). Some types of liability may not be covered:
    1. Acts that are outside the scope of authority of the primary care group
    2. Liability resulting from a Director's failure to act honestly and in good faith with a view to the nest interests of the group
    3. Acts of Directors taken for personal profit
    4. Circumstances where a Director knew about facts giving rise to a claim before insurance began
    5. Claims arising from environmental damage
    6. Claims arising from property damage and bodily injury
    7. Claims due to breaches of professional duty