Sentences with phrase «omission giving rise to a claim»

A key determinant both of coverage provided by the LawPRO policy under the Law Society's insurance program, and of whether liability could spread beyond the individual lawyer - policyholder, is the nature of the error or omission giving rise to a claim.

Not exact matches

Humor Rainbow reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Humor Rainbow.

Not aware of any alleged act, error, omission or any disagreement with any current or former client which might reasonably give rise to a claim or suit.

Don't forget that s. 5 (2) of the Limitations Act, 2002 imposes a presumption that plaintiffs are aware of the facts giving rise to their claims on the day the act or omission took place, unless the contrary is proved.

Then if he reported it, it should be covered as long as it was the date of loss, the act, error, or omission that gave rise to that claim occurred on or after that retroactive date.

The Court upheld a decision of The Law Society of Manitoba's Discipline Panel finding a lawyer guilty of professional misconduct for, inter alia, failing to give notice to the Director of Insurance of the Law Society as soon as practicable after becoming aware of any acts or omissions that might give rise to a claim.

More on point for most of the court cases in this area, the Committee explained that «whether an attorney has an obligation to disclose a mistake to a client will depend *** on all relevant facts, such as whether the error or omission gives rise to a colorable malpractice claim, is capable of correction or is injurious to a client.»

The application form will generally request current and historical financial information, details of the experience of the directors and officers, the claims history of the corporation, plans for acquisitions or securities issuances, and any prior knowledge of acts or omissions likely to give rise to a claim.

If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»