Important notice pertaining to Medical Malpractice
related Criminal Allegations
For MPPS Certificate holders of Master Contract for HKPDA/GDA
A criminal prosecution with a charge falling within the description “alleging medical malpractice caused by act, error or omission committed by the Insured” will fulfill the notion of a claim described under the Insuring Clause A1.
Pursuant to Insuring Clause A2, the insurer will pay Legal Expenses incurred (with the Company’s consent) in:
defending and/or investigating the claim (after commencement of criminal proceedings);
in Coroner’s Inquest; and
in disciplinary hearings.
There is no sub-limit in the Legal Expenses covered, subject to available limit of indemnity.
However, there is a related exclusion in the policy. Exclusion 3;
“This Insurance shall not indemnify the Insured in respect of any claim against them…brought about or contributed to by the dishonest, fraudulent, criminal or malicious act of the Insured”.
If the Insured is convicted, the insurer will be entitled to recover from the Insured the legal costs paid by the insurer. Any Legal Costs incurred by the Insured at dates subsequent to the criminal conviction will also not be covered under the policy.
For MPPS Private Practice Individual Holders
The insured enjoys the same protection Except that there is a sub-limit for criminal related expenses.
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