Product Disclosure Statement and Policy Wording

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1 DS Product Disclosure Statement and Policy Wording Professional Indemnity Insurance Policy ABN

2 Professional Indemnity Insurance Policy This product is issued by: This Product Disclosure Statement is issued on 11 March 2004 by: MDA National Insurance Pty Ltd (MDA National Insurance) ABN AFS Licence No Level 2, 15 Rheola St West Perth WA 6008 Phone: (08) Freecall: Fax: (08)

3 What is a Product Disclosure Statement? A Product Disclosure Statement (PDS) is a document required by the Corporations Act. This PDS is designed to help you make an informed decision about acquiring the MDA National Insurance Professional Indemnity Insurance Policy (the policy). It sets out information on its features, benefits, fees and risk associated with the policy. In this PDS: you or your means the insured we or our means MDA National Insurance Updating the PDS Information in this PDS may need to be updated from time to time to take account of changes or to add to the PDS. You can obtain a copy of any updated information by contacting us. If we materially change anything which generally affects a policy which has been issued we may provide all policy holders with a new or supplementary PDS. This PDS includes a sample policy wording in Section 2. Updates will also be available on the website 1

4 Professional Indemnity Insurance Policy SECTION 1 What is Covered - The Policy The policy is an insurance product which subject to its terms and conditions, indemnifies medical practitioners practicing in Australia against: civil liability for medical negligence defence costs relating to civil liability claims for medical negligence egal costs for investigations arising in relation to the provision of medical services including proceedings before a: - Coronial Court - Medical Board - Disciplinary tribunal - Royal Commission - Professional Body The full details of the risks which the policy covers can be found in the sample policy wording in Section 2. With limited exceptions, the policy is only available to members of MDA National. MDA National is a medical defence organisation which is an incorporated association registered in Western Australia and is owned and operated by its doctor members. Limit of Indemnity The policy has 2 different limits of indemnity: for defence costs the maximum amount we will pay for all investigations covered by the policy is $300,000 in the aggregate, and for civil liability the maximum amount we will pay for all medical negligence claims covered by the policy is either $20 million or $25 million in the aggregate depending on which limit you choose. Claims made cover This policy is a claims made contract of insurance. This means that the policy covers you for claims first made against you and which you tell us about in writing during the period of insurance. 2

5 Claim means (i) a demand for, or an assertion of a right to, compensation or damages; (ii) an intimation of an intention to seek compensation or damages; or (iii) a circumstance that might lead to a claim under (i) or (ii) above if you choose to notify us of it in accordance with your statutory rights under section 40(3) of the Insurance Contracts Act 1984 Cth. The policy will not cover you: For claims which were made, or claims which result from matters that were notified, before the commencement of the period of cover; or For claims or claims arising out of matters which are notified on your application form or on any previous application or proposal form. Section 40(3) Insurance Contracts Act Nothing in the policy limits your right to notify the insurer of a circumstance in accordance with section 40(3) of the Insurance Contracts Act, in which event you will obtain the statutory protection for claims arising from that circumstance provided by the statute. Period of Insurance The policy provides cover for the Period of Insurance set out in the Schedule. Retroactive Cover Retroactive cover provides additional coverage for claims first made against you and which you tell us about in writing during the period of insurance and which arise from incidents occurring on or after the retroactive date and before the commencement date of your policy. If you do not apply for retroactive cover, the policy will have a retroactive date from the commencement date of your policy. If you do not purchase retroactive cover you will not have cover from us for claims arising out of the provision of, or failure to provide medical services prior to the commencement date of your policy, if issued. If you have access to indemnity from any other Medical Defence Organisation or insurer for prior incidents, you may not need to apply for retroactive cover from us. However, you should consult your previous insurer, Medical Defence Organisation or employer about your individual circumstances. 3

6 Professional Indemnity Insurance Policy Run-off Cover There are circumstances where you may need to consider a separate run-off policy. Where, for example in the event of your death, permanent disablement or final retirement, you do not renew your standard PI policy you may wish to purchase a run-off policy. In some cases, civil claims for medical negligence can be notified many years after the date the medical services were actually provided. The policy will not provide this cover. MDA National Insurance can issue you, subject to approval, an annual run-off policy which provides ongoing protection for you or your estate, for as long as required. What the Policy does not cover The Policy covers medical indemnity claims and defence costs falling within the policy terms which are first made against you, the insured named on the Schedule and which you tell us about in writing during the period of insurance, There are certain circumstances where you will not have cover under your policy. These are set out in clause 8 of the Policy Wording on page 15 of Section 2 of this PDS. Some commonly asked about examples are shown below. You are not covered when: a claim arises in any way out of the provision of medical services by you to a public patient; the claim or investigation arises because of your continuing to use a procedure or practice in the provision of medical services 14 days after you have received a stop notice from us under clause 11 of the policy asking you to stop using the procedure or practice; or the claim or investigation arises in any way out of cosmetic procedures provided to a patient by your employee(s). Your Excess If you make a claim, the excess is the amount you will usually have to first contribute towards the cost of the claim. No excess applies unless it is set out in the Policy Schedule. 4

7 Subrogation We have a right under the policy to take over all your rights of recovery in respect of a claim and to pursue actions against third parties in your name even if a claim has not actually been paid. If you surrender any right or settle any claim for contribution, indemnity or recovery without the prior written consent of MDA National Insurance then MDA National Insurance may be entitled to reduce its liability under the contract of insurance. What makes up the insurance contract? You must fill out a proposal form before we can consider your risk or in the case of renewal confirm that you have given us all information relevant to your risk. If we accept your proposal or renewal of your policy, your insurance contract is made up of: The proposal or renewal form The policy wording issued to you. A sample which sets out details of the standard policy cover and its exclusions is set out in Section 2 of this PDS A Schedule identifying the insured, the premium, the period of insurance, the maximum amount of indemnity, the policy excess, your retroactive date (if any), your area of practice and other information specific to your cover Any endorsement issued to you Should your risk be accepted, you should carefully read each of the documents issued to you to understand the terms of your individual insurance contract. These documents should be kept in a secure place. 5

8 Professional Indemnity Insurance Policy What you will need to tell us in order to apply for this insurance Before you enter into a contract of general insurance with MDA National Insurance, you have a duty, under the Insurance Contracts Act 1984, to disclose to us every matter that you know, or could reasonably be expected to know, that is relevant to our decision whether to accept the risk of insurance and, if so, on what terms. An explanation of your duty of disclosure is set out in Section 2 of this PDS. The proposal form outlines the types of information we require from you in order to assess your individual risk. This information includes qualifications, registration details, your practice profile, your indemnity history for claims and investigations. We will also require information about your prior practice if you require retroactive cover. In addition to this, you must notify us of any matter that in your assessment is something that might influence your risk or our decision to insure you. A policy proposal form is included in the application information kit or available by calling or visiting the website Cost of the policy The amount you pay for your policy may vary depending on the risk covered. The cost of your policy is made up of your premium plus any applicable government taxes such as GST and stamp duty. This premium will be shown on your Schedule. We use a system of rating factors to calculate what your individual policy will cost. These factors may include how much cover you require, your specialty or field of practice, gross annual billings and geographic location. A quotation for the specific cost of your policy can be provided separately on request. In order for you to be entitled to apply for a policy you must be a member of MDA National and pay your MDA National membership subscription before you can acquire the policy. 6

9 Paying your insurance premium Before we can provide you with insurance cover under a policy, you must pay your premium. You can choose to pay annually or quarterly. We also may refer you to a premium funding provider if you wish to pay for your policy by monthly instalment. If you choose to pay quarterly or monthly the total of your payments will be more than if you had paid annually, as there is a surcharge and/or interest added to instalment payments. We will tell you how much you have to pay and how much time you have for payment on your initial invoice. You can pay your premium by: Cash Cheque Credit card Direct debit B-Pay If your annual payment or instalment is dishonoured or not received by the due date, your policy will not commence operation and you will not be covered if you make a claim. Unless we advise otherwise, any payment reminder we send you does not change the due date for payment of your premium under the terms of your original policy. Taxation In general it is likely that premiums paid for your cover will be tax deductible as an expense of your professional practice. As individual circumstances differ and current legislation can change, any taxation enquires should be referred to your taxation adviser. Please note that as you are the insured acquiring the policy you must pay all taxes on your policy, including GST and stamp/insurance duty. 7

10 Professional Indemnity Insurance Policy Cooling off period and cancellations Cooling off period You have a cooling off period that allows you to cancel your policy within 21 days of it being issued, if you are not completely satisfied. If you wish to cancel the policy within the cooling off period, you must make your request in writing or by . Upon receipt of a request to cancel your policy within the cooling off period it will not commence operation and you will have no cover. We will give you a full refund of the premium (including any government duties and charges) which you have paid within 10 working days. Your cooling off right does not apply if you make a claim or notify a circumstance under your policy prior to your request to cancel it. Cancellation You may cancel your policy by telling us. We will deduct from the premium paid an amount that covers the period you have been insured for and our cancellation costs, then pay you what is left of the premium. We may cancel the policy in certain circumstances by giving you 3 days written notice, as is set out in clause 21 of the policy wording on page 19 of Section 2. Your responsibilities Your duty of disclosure Before you enter into a contract of general insurance with MDA National Insurance, you have a duty, under the Insurance Contracts Act 1984, to disclose to us every matter that you know, or could reasonably be expected to know, that is relevant to our decision whether to accept the risk of insurance and, if so, on what terms. You have the same duty to disclose those matters to MDA National Insurance before you renew, extend, vary or reinstate the contract of professional indemnity insurance. Your duty however does not require disclosure of a matter: That diminishes the risk to be undertaken by the insurer That is of common knowledge That the insurer knows or, in the ordinary course of its business ought to know As to which compliance with your duty is waived by the insurer 8

11 If you fail to comply with your duty of disclosure, we may be entitled to reduce our liability under the contract of insurance in respect of a claim or may cancel the contract of insurance. If your non-disclosure is fraudulent, MDA National Insurance may also have the option of avoiding the contract of insurance from its beginning. Providing up to date details and information You must also tell us if, at any time your practice, registration or professional circumstances change as well as any other change which alters or is likely to alter your risk. For instance, you must notify us: When your type of work changes Should your practice relocate If you change specialty or wish to perform a procedure not normally associated with your specialty / area of practice Your gross annual billings changes increase or decrease If you obtain specialist or post graduate qualifications Should you be struck off or deregistered How to make a claim You must notify us You are required to notify MDA National Insurance as soon as practicable of any claims or circumstances which may give rise to a claim of which you become aware during the Period of Insurance and which arise out of your medical practice. You must immediately send us any letters, notices or court documents you receive relating to any circumstances which may result in a claim. Claim and incident reporting is critical and allows us to properly investigate the matter and provide you with sound advice. To assist you further, an incident notification form is available on the website 9

12 Professional Indemnity Insurance Policy Prompt reporting Promptly report all incidents and potential claims as soon as practicable after you become aware of them, even if no claim has been made. If the matter is urgent, contact us immediately. You should promptly provide written advice which should include: your name and member number; date, time and place of the event; the specific nature of the incident as well as a detailed account of the professional service you performed; the name and address of any other professionals involved; and the name and address and age of the patient involved. If you suspect that the law may have been broken you should immediately notify us, as it may need to be reported to the police. If someone commences a claim, immediately send copies of all legal documents and other correspondence to us. Medical records Under no circumstances should you alter your medical records. If you wish to add something to your records please seek our advice before doing so. We require legible copies of your clinical records relating to any claim or potential claim. Secure all files Where possible, secure all files, pathology results, radiology referrals etc. Refrain from taking on any financial obligation, such as instructing a lawyer yourself or paying out any money, without seeking our advice. Do not admit liability. Do not enter into discussion about a claim or potential claim without first seeking our advice. Speak before you write Patients are always entitled to a full, accurate, sympathetic and prompt account of the facts, but care must be taken not to admit liability. Refrain from entering into any correspondence with the patient without first speaking to us. Leave it to us 10 Leave the matter to us. The litigation process can be lengthy and trying. We are here to handle each matter on behalf of our policy holders with the highest professionalism and the minimum of fuss to you.

13 What to do if you want to make a complaint MDA National Insurance is committed to dealing openly with all of our policy holders and will endeavour to resolve any complaint quickly, efficiently and fairly. A complaint is an expression of dissatisfaction relating to a product or service conveyed to us together with a request to remedy the complaint. In our experience, most issues can be resolved with a quick phone call. If you do have a complaint in relation to our products or service, please contact our Complaints Officer by: Phone: (Freecall) Fax: In writing: Level 6, 87 Wickham Terrace, SPRING HILL QLD Within 15 business days, we will respond to you with a decision. If you are satisfied with our response, the matter will be considered resolved. If you are not satisfied with our response and wish to pursue the matter further you may wish to refer the matter to the external dispute resolution scheme. External Dispute Resolution The General Insurance Enquires and Complaints Scheme is administered by Insurance Enquiries and Complaints Limited (IEC). The scheme is approved by the Australian Securities and Investments Commission in accordance with the Corporations Act 2001 (Cth). IEC is an independent and impartial national body established to handle enquiries and complaints and to resolve disputes within the general insurance industry. Their service is free to consumers. IEC will only review complaints if they have first gone through our internal complaints and dispute resolution process. Please note that IEC can consider insurance matters only. IEC are not able to consider matters relating to membership of MDA National. For more information about IEC and the types of matters they can resolve, their internet address is or contact our Complaints Officer. You can contact IEC by: Phone: (local call fee applies) Fax: (03) In writing: PO Box 561, Collins Street West, MELBOURNE VIC

14 Professional Indemnity Insurance Policy Privacy Act 1988 Information The Privacy Act 1988 requires us to tell you that as an insurer we collect, handle, store and disclose personal and sensitive information in order to: decide whether to issue a policy, determine the terms and conditions of the policy, analyse data, handle claims, and provide our products to you and improve the delivery of our products and services. The MDA National Group has established a Privacy Policy which outlines the obligations MDA National Insurance has in managing the personal and sensitive information we hold about our clients, potential clients, patients of our clients, contractors and others. If you would like to view a copy of the Privacy Policy please visit the website at Marketing Information We are committed to providing you with access to leading products and services. In order to do this we will use your personal information to offer you other products and services. We may disclose your personal information on a confidential basis to our related entities and to MDA National so that they can also offer you products and services. From time to time we may provide you with information on other MDA National Insurance products or services that may be of interest to you. If you do not wish to receive this information please contact Client Services on Freecall (WA) or (all other states), indicate your decision in the appropriate area of your application or renewal form or write to us at the address set out at the front of this PDS. 12

15 SECTION 2 Policy wording: Professional Indemnity Insurance Policy We have set out the terms and conditions of the policy in the sample below. Your insurance contract is made up of: your proposal or renewal form; your policy wording - a sample is set out below; your Schedule; and any endorsement issued to you. You should carefully read each of the documents issued to you to understand the terms of your individual insurance contract. Once issued the insurance policy is a legally binding contract. When issuing the policy we rely on information given to us by you in your proposal for professional indemnity insurance and in your renewal documentation or which we hold about you or your practice. When reading this policy, please note the use of specially defined words, which appear in italics. There is a list of these defined words at the end of the policy. This Policy 1. This policy sets out the conditions on which we agree to insure you, the insured named in the schedule. We agree to insure you but only if you have paid the premium specified in the schedule within 14 days of invoice. Period Of Insurance 2. This policy is for the period of insurance shown in the schedule. 13

16 Professional Indemnity Insurance Policy What We Insure You For Medical Negligence 3. We agree to indemnify you against any civil liability including claimant s costs for medical negligence arising out of a claim: (a) (b) which is first made against you and which you tell us about in writing during the period of insurance; and which arises from the provision of medical services on or after the retroactive date specified in the schedule. Defence Costs for Medical Negligence 4. We agree to indemnify you against defence costs for any claim for medical negligence covered by this policy under clause 3 but only if we consent before you incur any defence costs. Defence Costs for Investigations 5. We agree to indemnify you against defence costs for any investigation: (a) (b) which is notified during the period of insurance; and which arises from the provision of medical services on or after the retroactive date specified in the schedule; but only if we consent before you incur any defence costs. Provisional Defence Costs 6. We may agree to indemnify you provisionally at our discretion for: (a) defence costs for any claim for medical negligence; and (b) defence costs for any investigation, and we may cease to indemnify you at any time. You agree that any provisional indemnity is a debt you owe us if: (c) you admit liability; or (d) a court determines that we have no liability to indemnify you under this policy. 14

17 How much we insure you for 7. The schedule sets out the maximum amount we will indemnify you for under this policy: (a) for all claims in respect of the period of insurance up to the maximum amount set out in the schedule; and (b) for all investigations in respect of the period of insurance up to the maximum amount set out in the schedule. The maximum amount of our indemnity includes defence costs. The maximum amount applies after you have paid the excess specified in the schedule. What we exclude from the policy 8. We will not indemnify you under this policy when: (a) (b) (c) (d) (e) you are entitled to indemnity under a previous policy with us or anyone else or have the benefit of a prior indemnification arrangement with a Medical Defence Organisation or are indemnified under a government scheme or otherwise; you have admitted liability for the claim or another claim in similar circumstances to this claim or settled the claim or another claim in similar circumstances to this claim without our consent under this policy or an earlier policy with us; the claim arises in any way out of the provision of medical services by you to a public patient; another person was providing medical services as: (i) your partner in a medical practice; or (ii) a member or director in a medical practice company of which you are also a member or director; the claim or investigation arises in any way as a result of you transmitting a contagious disease you were infected with to someone else when at the time of transmission, you know or ought reasonably have known that the disease was being carried; 15

18 Professional Indemnity Insurance Policy (f) you have a legal obligation: (i) to refund any fee you charged the patient; (ii) to pay damages by reference to any fee you charged the patient; (iii) to pay a fine, civil or criminal penalty; (iv) to pay punitive, aggravated, additional or exemplary damages; or (v) to pay a judgment or order of a foreign court or based on or derived from judgment or order of a foreign court; (g) a person makes a claim on you or an investigation arises because, and only because, the person is related to you as your employee or as your agent; (h) the claim or investigation arises in any way out of the ownership, use or occupation or state of any premises or anything done or omitted to be done in respect of the state of any premises; (i) the claim or investigation arises in any way out of the manufacture, distribution or sale of any goods and/or products; (j) the claim or investigation arises in any way out of the unlawful sale, supply, use or application of a prohibited substance; (k) the claim or investigation arises in any way out of: (i) an actual or threatened pollution of the environment; or (ii) any requirement for you to deal with that pollution; (l) the claim or investigation arises out of acts or omissions of any of your employees which are not: (i) within the terms and conditions of his or her employment and qualifications; and (ii) at your direction; and (iii) under your supervision. (m) the claim or investigation arises in any way out of cosmetic procedures provided to a patient by your employee(s); the claim or investigation arises because of your continuing to use a procedure or practice in the provision of medical services 14 days after you have received notice from us under clause 11 asking you to stop using the procedure or practice; 16

19 (n) (o) (p) (q) (r) (s) (t) (u) (v) Conditions the claim or investigation arises in any way out of any actual or alleged sexual harassment, sexual misconduct or unlawful discrimination by you; the claim or investigation arises because of your authorship of any published material; the claim or investigation arises because of your providing services to a pharmaceutical company; the claim or investigation arises in any way out of the provision of services when you are prohibited from practicing or have been deregistered as a medical practitioner; the claim or investigation arises out of or is connected with any contractual liability, warranty or guarantee assumed or provided by you; the claim or investigation arises out of or is connected with any trading debt incurred by you or any guarantee given by you for a debt; the claim or investigation arises out of acts, errors or omissions which occur within the territorial limits of Canada or the United States of America or their territories or protectorates; the claim or investigation arises in any way out of the provision of medical services by you while under the influence of intoxicants or drugs or any failure to provide medical services competently or at all because of such influence; the claim or investigation arises out of or is connected with: (i) acts of terrorism, war, invasions, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power; or (ii) confiscation, nationalisation or damage to property by or under the order of any government or public or local authority. When you have to notify us 9. You must notify us in writing as soon as practicable of: (a) (b) any claim for medical negligence made against you; or any investigation in connection with medical negligence or your provision of medical services. 10. Nothing in this policy limits your right to notify us of a circumstance in accordance with section 40(3) of the Insurance Contracts Act 1984 Cth in which event you will obtain statutory protection for claims arising from that circumstance provided by the Insurance Contracts Act. 17

20 Professional Indemnity Insurance Policy Stop notice 11. You agree to stop using a procedure or practice in providing medical services if: (a) (b) Note: we consider that the practice or procedure poses an unreasonable risk of medical negligence; and we give you 14 days notice asking you to stop using the procedure or practice. If you fail to comply with a stop notice we may cancel this policy by giving you a further 3 business days notice: see clause 21. Alteration of risk 12. You must give us notice as soon as practicable of any material alteration to the risk during the period of insurance including without limitation any material change in the nature of the professional services provided by you. Our right to the conduct and control of proceedings 13. You agree that: (a) (b) we have the conduct of a claim or investigation against you, including its investigation, defence, avoidance, reduction or its settlement; and we may do so in your name. Your duty to co-operate 14. You agree, at your expense, to: (a) (b) give us, our investigators and legal representatives all information, documents and assistance we reasonably require including without limitation access to books and records of your medical practice; and co-operate fully with us, our investigators and legal representatives. You further agree to waive any claim for legal professional privilege to the extent only that the privilege would otherwise prevent any legal representative appointed by us from disclosing information to us. Consent to settlement 15. You agree: (a) (b) not to admit liability for a claim; and not to settle a claim; in respect of which we may be liable to indemnify you without our prior written consent. 18

21 16. We will not admit liability for, or settle, any claim, against you without your prior consent. 17. If you refuse to consent to our settling a claim, our liability is then limited to the amount we recommend in settlement plus defence costs to the date we recommend settlement of the claim to you. Subrogation 18. You agree not to surrender any right to, or settle any claim for contribution, indemnity or recovery, without our consent. 19. If we make a payment under this policy, we are subrogated to all your rights of contribution and indemnity or recovery. Fraudulent claims 20. We may reject a fraudulent claim for indemnity or any part of a claim that is fraudulent. Cancellation 21. We may cancel this policy by giving you 3 days written notice if: (a) you failed to disclose or misrepresented to us information we required to arrange this policy; (b) in arranging this policy with us, you failed to discharge your duty of utmost good faith to us; (c) you failed to comply with a provision of this policy including the provision to pay the premium; (d) you failed to comply with any provision of this policy which requires you to notify us of any act or omissions; or (e) you made a fraudulent claim under the policy. Governing law 22. Any dispute that arises between you and us under this policy will be subject to Australian law and jurisdiction Australian Court 23. The coverage provided under this policy shall extend to any claim or investigation brought in a Court within the territorial limits of the Commonwealth of Australia provided that such claim or investigation does not arise out of an enforcement of any judgment, order or award obtained within or determined pursuant to the laws of any country outside the territorial limits of the Commonwealth of Australia. 19

22 Professional Indemnity Insurance Policy Interpretation 24. The headings in this policy are included for descriptive purposes only and do not form part of this policy for the purposes of construction or interpretation. 25. Under this policy the masculine includes the feminine and the singular includes the plural and vice versa. Address for notices 26. Any notice to us must be delivered or sent to: Level 2, 15 Rheola Street West Perth WA 6005 Fax (08) Definitions 27. In this policy: (a) (b) (c) (d) Area of practice means the area of practice in which you ordinarily provide medical services as set out in the schedule and any area of practice notified to and accepted by us. Claim means: (i) a demand for, or an assertion of a right to, compensation or damages; (ii) an intimation of an intention to seek compensation or damages; or (iii) a circumstance that might lead to a claim under (i) or (ii) above if you choose to notify us of it in accordance with your statutory rights under section 40(3) of the Insurance Contracts Act 1984 Cth. Claimant s costs means legal costs, disbursements and related expenses you have to pay to the person making the claim against you. Defence costs means legal costs, disbursements and related expenses reasonably and necessarily incurred: (i) in defending any proceedings; (ii) in attending or assisting in an investigation; (iii) in prosecuting any proceedings for indemnity, contribution or recovery; or (iv) in investigating, avoiding, reducing or settling any claim. 20

23 (e) Excess means the amount you pay to us for each claim you make under the policy (as set out in the schedule). (f) Insured means the insured named in the schedule. (g) investigation means an investigation, inquiry or disciplinary or administrative proceedings including but not limited to before a Board, Tribunal, Royal Commission, Professional Body or Coronial Court but not a criminal prosecution. (h) Medical negligence means actual or alleged negligence or breach of duty or statutory duty by you in connection with the provision of medical services. (i) Period of insurance means the period of insurance set out in the schedule. (j) Policy means this policy wording, the schedule, any endorsements, and the application for professional indemnity insurance. (k) Provision of medical services and provide medical services means providing, or failing to provide, medical services or advice to a patient in a professional capacity by you, those services or that advice being of a type that a medical practitioner would ordinarily provide if he or she were carrying out the area of practice. (l) Public patient means a patient to whom you provide medical services who is admitted as a public patient to a hospital and (i) where the hospital is a recognized hospital as defined in the Health Insurance Act 1973 Cth as amended or under any superseding legislation or regulation; or (ii) where the hospital is deemed or declared to be public by a Commonwealth, State or Territory government or relevant Commonwealth, State or Territory legislation. (m) Retroactive date means the date specified in the schedule as the retroactive date. (n) Schedule means the schedule attached to this policy. (o) We, our and us means Medical Indemnity Company of WA Pty Ltd ABN being the insurer named in the schedule. (p) You and your means: (i) the insured named in the schedule; and (ii) the executor or administrator of your deceased estate. 21

24 Perth 2nd Floor, 15 Rheola Street, West Perth WA 6005 PO Box 263, West Perth WA 6872 Phone: (08) Fax: (08) Melbourne Level 1, Dundas Place Albert Park VIC 3206 PO Box 7678, Melbourne VIC 8004 Phone: (03) Fax: (03) Sydney Level 5, AMA House, 69 Christie Street St Leonards NSW 2065 Phone: (02) Fax: (02) Brisbane Level 6, 87 Wickham Terrace Spring Hill QLD 4000 Phone: (07) Fax: (07) Freecall: Freecall:

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