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Claimants

  • The LPIIF policy does not provide any rights directly to a claimant and therefore you cannot claim directly from the LPIIF.
  • If you have suffered damages as a result of the manner in which a practitioner has dealt with your claim, then you need to claim damages directly from that practitioner.
  • It is preferable that you consult another practitioner to assist you with your claim.
  • You can either demand payment of your damages by sending a letter of demand or instituting action in a South African court.
  • The practitioner against whom the claim is made needs to notify the LPIIF of this claim and apply for indemnity under the LPIIF policy.
  • If the practitioner does not notify the LPIIF, then no indemnity will be afforded under the LPIIF policy.
  • You, as a claimant, cannot notify the LPIIF of the claim against the practitioner, even if you have instituted action against the practitioner. The notification of a claim has to come directly from the practitioner. You are not a party to, and can thus not claim any rights from, the insurance relationship between the LPIIF (as insurer) and the practitioner (as insured).
  • On notification of a claim the LPIIF will determine if the claim made against the practitioner is covered under the LPIIF policy. If not covered, the claim will be rejected and the practitioner will not be entitled to indemnity under the LPIIF policy.
  • If the claim is covered under the LPIIF policy, the LPIIF claims team will investigate to determine if you have a valid claim against the practitioner.
  • You (or your legal practitioner) should provide the LPIIF with all necessary documentation and evidence to enable the LPIIF claims team to complete their assessment of the claim.
  • If the claims team determines that you have a valid claim against the practitioner, the LPIIF will pay out your proven damages, less the practitioners excess.
  • If the claims team determines that you do not have a valid claim then the LPIIF will defend the action brought against the practitioner.
  • If the LPIIF successfully defends the action brought against the practitioner you may be liable for any costs incurred by the LPIIF to defend the action.
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