Are services provided by a lawyer during a mediation insured by professional liability insurance? Yes, coverage is provided under the  Primary Policy by the Lawpro, Lawyers’ Professional Indemnity Company, if those services fall within the definition of “Professional Services”.

A lawyer would also be insured for mediation services, which the lawyer provides for, or through, a corporate entity. However, the corporate entity itself, would not be insured. The lawyer would not be insured in the capacity of director or officer of the corporate entity. Therefore, separate corporate liability insurance and directors and officers liability insurance should be considered.

Recent increased reliance on web-based meeting platforms allows for remote work, and now for mediations to take place in the digital workplace. It is worth noting that the Lawpro Primary Policy has an exclusion for cybercrime, as follows:

“This policy does not apply: (j) to any claim in any way relating to or arising out of a cybercrime(s). Cybercrimes means an incursion, intrusion, penetration, impairment, use or attack of a computer system(s) by electronic means by a third party other than the insured or the insured’s law firm.”

For more information please see the wording in the policy at the Lawpro website.

Thank you for reading.

James Jacuta