Does my Society/Association/CFP Malpractice Insurance cover me if I render services overseas?

In order to answer this question properly, we need to look at various clauses in your medical malpractice policy wording.   Please have a copy of the policy wording document and the master policy schedule to refer to while you read this response.

  • Cover is Provided “Within Territorial Limits”
    • You will not be covered for any claims arising out of services rendered in North America or any territory that applies their laws and neither will you be covered if someone tries to enforce a judgement that they have obtained against you in North America or any territory that applies their laws or falls within their jurisdiction.
    • Please read the Definitions of “Territorial Limits” and “North America” in your policy wording document.
  • Cover is Limited to 60 Consecutive Days for Temporary Visits
    • Please note that the cover that you enjoy for rendering services overseas is NOT for an indefinite period and is subject to certain restrictions.  We urge you to read the relevant endorsement found in the Master Policy Schedule.
    • This means that you will only be covered for services rendered overseas, so long as the services rendered overseas cover a period of less 60 consecutive days.
    • That it is not the intention of the policy to cover you if you emigrate overseas. You should not then leave this cover in place for the first year that you are overseas as a cheaper option.
    • The intention behind your Society/Association agreeing to this cover and our negotiating with your insurers to include cover- was to accommodate those people who are local members who may from time to time render services overseas, whilst they are visiting.
    • The premiums for this cover are based on South African exposure and handling claims in overseas’ jurisdictions will immediately see a sharp spike in the costs of handling that claim which would impact on all the local members and potentially the affordability of the premium for everyone.
    • It is therefore essential that if you will be emigrating to another country or rendering services in a country for longer than one year that you arrange cover there.

So you are covered overseas, always subject to all the other terms and conditions of the policy being met, and so long as you are rendering services which fall within your scope of practice- i.e. you will not be covered if you go overseas and start rendering services as a book-keeper or any other profession not covered under your Association/Society’s policy.

If you render services overseas from time to time, we would recommend that you take one of the higher limits of indemnity available as the lower limits could leave you under insured.  You need to maintain your cover at the higher limit not only when you render the services but for some years thereafter until the any potential claimants claim prescribes.

We hope that you found this response useful. Please feel free to write to us if you have any other questions regarding your cover at info@cfpbrokers.co.za.

 

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