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Malaysian Bar Professional Indemnity Insurance: Making a claim seamlessly

Find out how law firms and lawyers can benefit from a seamless claims process with Malaysian Bar Professional Indemnity Insurance coverage.

Notify claims

26/07/2023

As an insured legal practice with Marsh under the Malaysian Bar’s mandatory Professional Indemnity Insurance scheme, Marsh can provide prompt assistance and advice when members of the Malaysian Bar receive a writ of summons, Letter of Demand, notice from a disciplinary board, a complaint of legal threat, or becomes aware of circumstances that could potentially lead to a claim. By engaging Marsh’s service, your premium will not increase unless your insurers pay the claim.

Our efficient claims process

Backed by a dedicated and experienced claims team, Marsh’s claims process provides our clients with a smooth and hassle-free experience — giving you reassurance and peace of mind.  

The claims process begins with Marsh reviewing your notification (with the relevant documents) before forwarding it to the underwriting insurer and the insurer’s claim administrator. Depending on the nature of notification, a panel solicitor (PS) may be appointed.

Only one notification is required when a claim arises, and both mandatory PII and Top-up PII cover will immediately follow each other under one insurer in a claim event if you are insured by the mandatory PII with Top-up cover.

 

Claims Flow Chart 

A dedicated panel of lawyers at your service

Our clients can access our carefully chosen panel of 26 lawyers across Peninsular Malaysia under the PII scheme. The lawyers are appointed based on their track record, experience, and expertise. The panel is committed to providing prompt support and advice to legal practitioners facing actual or alleged claims of negligence and/or misconduct. 

FAQs

For a Claim

As soon as you receive or become aware (but no later than 60 days therefrom) of a demand for or an assertion of a right to compensation/damages or an intimation of an intention to seek compensation/damage, e.g. when you receive a letter/notice of demand, or a letter with allegations made against you, or you were served with a writ/summons, counter claim or notice of third party proceedings.

For a Potential Claim

As soon as you become aware (but no later than 60 days therefrom) of any fact, circumstance or event which you reasonably anticipate could give rise to a claim against you in the future, e.g. when you discover an error/omission, embezzlement or fraud involving clients monies or a complaint has been lodged against you with the Advocates & Solicitors Disciplinary Board.

No. Your premium will only be increased (claims loading) if and when the insurers have made an actual payment on your claim. Insurers will start paying your claim only after you have completed paying your Base Excess obligation. The Base Excess is an amount that you shall bear in the event of a claim and it represents a certain amount of the claim that you retain while insurers pay the balance.

The Base Excess is stated in item 9 of your firm’s Schedule of Insurance. It is based on your firm’s size (i.e. number of lawyers). There are circumstances where the Base Excess is increased for high-risk areas, e.g. claims arising from conveying transactions, acting for more than one party in a conveying transaction, or in a claim involving misconduct by a partner. 

The Base Excess becomes payable when the Panel Solicitor, appointed by the insurer to defend your claim, issues the interim bills for work done on the claim. If the Base Excess amount has not been exhausted by those Panel Solicitor bills, the balance shall be applied towards any judgement/settlement sum, if any. 

You can appeal against the insurer's decision by writing to Marsh or contacting Bar Council PII & Risk Management Department.

You can invoke Clause 23 of the Certificate of Insurance (or the corresponding clause in the Certificate of Insurance for the year your claim is registered under) to have the matter arbitrated.

Our people

Sheela Ragavan

Sheelaa Ragavan

Claims Manager, FINPRO - Malaysian Bar PII

Email

For Mbar enquiries:

Phone: 03-2723 3241 
Email: mbar@marsh.com