TYPE OF INSURANCE
Combined Malpractice (Professional Indemnity), Public & Products Liability Insurance for Physiotherapists domiciled in Australia whose principal activities are based in Australia.
The Policy Wording is a Civil Liability "claims made" contract, including a broad definition of "professional services".
Features included are:
'Civil Liability' professional Indemnity, Automatic Reinstatement of the limit of Indemnity, Libel and Slander, Dishonesty, Loss of Documents,Predecessors in Practice, Incoming Principals, Competition and Consumer Act (misleading &/or deceptive conduct), Good Samaritan Acts (Emergency First Aid), Legal Representation Costs at Coronial Inquiries,, Teachers Liability, Run Off Cover, Public Liability, Products Liability & Cover for Short-Term Assignments Overseas
LIMIT OF INDEMNITY
To provide Physiobase.com members with six alternative levels of protection, and to maximise the benefits of 'bulk buying', 6 options are available;
$1,000,000 $2,000,000 $5,000,000 $7,500,000 $10,000,000 & $20,000,000
(All Claims are subject to a $500 Excess).
We also provide a cover for non-working physiotherapists who are existing Physiosure customers who hold current Physiosure PI/PL coverage. This is called the Sleep Easy policy. It is only available to existing Physiosure customers. Read our FAQ's for more information or call our Sydney office for more information.
All Options include an Automatic Reinstatement in the event of a Claim.
Professional Services Covered: The Policy contains the following definition of the "Professional Services"
(a) Good Samaritan Acts
The provision by or on behalf of the Policyholder of the following:
a) physiotherapy services by a qualified physiotherapist;
b) including but not limited to the following alternative therapist advice and/or treatments:
iii. Massage / Massage Therapy;
iv. Dry Needling;
v. Manual Handling Training;
viii. Ergonomic assessments and training;
ix. Pre employment physical screenings;
x. Work place assessments;
xii. Rehabilitation Management;
xii. Functional Capacity evaluations;
xiii. Exercise prescription;
xv. Orthotic Prescription.
where the person providing such advice and/or treatment holds the relevant qualification for such service. For the benefit of
clarity and the avoidance of doubt, such alternative therapist advice or treatment must be provided as part of the physiotherapy services specified in a) above.
c) the provision of physiotherapy services by a qualified physiotherapist in respect of animals provided:
i. such animals have been first attended to by a registered or licensed veterinary surgeon; and
ii. such animals have subsequently been referred in writing by the attending veterinary surgeon to the Insured for
physiotherapist treatment (prior to any physiotherapist treatment being performed by or on behalf of the Insured; and
iii. this Policy does not provide Cover for any Claims or Covered Claims arising directly or indirectly from bodily injury, death, sickness, disease, disability, shock, fright, mental anguish or mental injury incurred by any person related to or in connection with
the treatment of any animal.
AN IMPORTANT NOTICE TO THE APPLICANT
(a) "Claims Made" Insurance
The proposed insurance is issued on a 'claims made' basis.
This means that the policy responds to:-
1. claims first made against you during the policy period and notified to CGU Professional Risks during that policy period, provided that you were not aware at any time prior to the policy inception of circumstances which would have put a reasonable person in your position on notice that a claim may be made against you: and
2. 'claims circumstances' notified pursuant to Section 40 sub-section 3 of the Insurance Contracts Act which states:
"where the insured gave notice in writing to the insurer of facts that might give rise to a claim against the insured as soon as was reasonably practicable after the insured became aware o those facts but before the insurance cover provided by the contract expired, the insurer is not relieved of liability under the contract in respect of the claim, when made, by reason only that it was made after the expiration of the period of insurance cover provided by the contract.
After the policy expires, no new notification can be made on the expired policy even though the event giving rise to the claim against you may have occurred during the policy period.
If during the policy period you become aware of circumstances which a reasonable person in your position would consider may give rise to a claim, and which you fail to notify to us during the policy period, we may not cover you under a subsequent policy for any claim which arises from these circumstances.
When completing the proposal form you are obliged to report and provide full details of all circumstances which you are aware of and which a reasonable person in your position would consider may give rise to a claim.
It is important that you make proper disclosure (see Duty of Disclosure, below) so that your cover under any new policy with us is not compromised.
Pursuant to the Insurance Contracts Act your duty to disclose all relevant information is set out below.
(b) Duty of Disclosure
Before entering into a contract of general insurance with an insurer, you have a duty under the Insurance Contracts Act, to disclose to us every matter that you are aware of, or could reasonably be expected to be aware of, that is relevant to our decision about insuring you and if so, on what terms. You have the same duty to disclose these matters to us before you renew, extend, vary or reinstate a contract of general insurance.
Your duty however does not require you to disclose matter
- that diminishes the risk to be undertaken by us;
- that is of common knowledge;
- that we know or, in the ordinary course of our business, ought to know;
- as to which compliance with your duty is waived by us.
You should note that your duty continues after the proposal form has been completed until the policy is entered into,
If you fail to comply with your duty of disclosure, we may be entitled to reduce our liability under the policy in respect of a claim or may cancel the policy. If your non-disclosure is fraudulent, we may also have the option of avoiding the contract from the beginning. It is therefore vital that you enquire of all entities comprising the insured, including senior staff, before completing the proposal form and before you sign any declaration confirming no change in the information disclosed.
(d) Retroactive Liability
The proposed insurance may be limited by a retroactive date either stated in the schedule or endorsed onto the policy. Where the retroactive cover provided by the proposed policy is subject to such a date, then the policy does not cover any claim arising from actual or alleged act, error, omission or conduct occurring prior to such retroactive date.
(e) Average Provision
One of the insuring provisions of the proposed insurance may provide that where the amount required to dispose of a claim exceeds the limit of the sum insured in the policy then we shall be liable only for a proportion of the total costs and expenses. This shall be the same proportion of the total expenses as the policy limit bears to the total amount required to dispose of the claim.
(f) Surrender of Waiver of any Right of Contribution or Indemnity
If another person or company is liable to compensate you or hold you harmless for part or all of any loss or damage otherwise covered by our policy, but you agree with that person or company either before or after the inception of the policy that you would not seek to recover any loss or damage from that person or company, you are not covered under the policy for any such loss or damage.
Policy wording (This will be emailed to you with your policy)
I declare that:
My attention has been drawn to the Important Notice accompanying the Proposal form and further I/we have read these notices carefully and acknowledge my understanding of their content by my acceptance below.
I also confirm that I am authorized to act for and on behalf or all persons who may be entitled to indemnity under any policy which may be issues pursuant to this Proposal form and I complete this Proposal form on their behalf.