Tag Archives: professional indemnity
HIGH COURT RULES THAT BROKER WAS NOT IN BREACH OF DUTY IN FAILING TO PROVIDE ORAL ADVICE IN RELATION TO THE DUTY TO DISCLOSE
In holding that a broker was not in breach of duty by failing to give oral advice in relation to the disclosure of criminal convictions the Court has provided a useful reminder of the extent of a broker’s duty to … Continue reading
Filed under Case law, Intermediaries
CAUSATION IN VALUERS’ NEGLIGENCE CLAIMS: RELIANCE ON EARLIER VALUATIONS
In a decision that will be of interest to professional indemnity insurers as well as financial institutions and valuers, the Supreme Court has overturned a decision of the Court of Appeal and found in favour of the Defendant valuer in … Continue reading
Filed under Case law
CONSTRUCTION OF EXCLUSIONS IN INSURANCE POLICIES
In Crowden and Crowden v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed construction of an “insolvency” exclusion in a professional indemnity insurance policy. The case is … Continue reading
Filed under Case law, Insurers, Policyholders
Court of Appeal considers trigger for liability coverage when settlement is agreed by payment of monies into escrow account
In (1) WR Berkley Insurance (Europe) Limited and (2) Aspen Insurance UK Limited v Teal Assurance Company Limited [2017] EWCA Civ 25, a defendant in a construction dispute settled the dispute and paid a sum into an escrow account from … Continue reading
Reminder to brokers of the need to advise insureds on policy terms
In RR Securities Ltd v Towergate Underwriting Group Ltd [2016] the Court held a broker liable for failing to advise its insured client that certain safety precautions were required by insurers as a condition precedent to cover under a property … Continue reading
Filed under Case law, Intermediaries, Policyholders
High Court construes wording as aggregating language to give effect to limit of liability
In Spire Healthcare Limited v Royal & Sun Alliance Insurance Plc [2016] EWHC 3278 (Comm), the High Court considered the wording of a clause in an insurance policy and was prepared to interpret the clause as an aggregating clause. Although … Continue reading
Filed under Case law, Insurers, Policyholders
Court of Appeal construes aggregation provision in minimum terms and conditions of professional indemnity insurance
The Court of Appeal has varied the decision of the High Court in AIG Europe Limited v OC320301 LLP and Others [2015] EWHC 2398 (Comm) and provided further guidance on the construction of the aggregation clause contained in the Minimum Terms … Continue reading
Filed under Case law, Insurers, Policyholders
High Court construes “in any way involving” in liability policy
The High Court has held that the words "in any way involving any act, error or omission" before a certain date in an exclusion clause in a professional indemnity policy meant "indirectly caused by". The act, error or omission must … Continue reading
Filed under Case law, Insurers, Intermediaries, Policyholders
Privy Council decision on limitation in professional negligence cases
A recent Privy Council decision has considered the point at which damage is suffered where a claimant has entered into a flawed transaction as a result of a defendant’s professional negligence. This is a controversial issue of particular relevance where … Continue reading
Filed under Case law, Insurers, Policyholders
Court of Appeal implies waiver of subrogation
In Rathbone Brothers plc v Novae Corporate Underwriting [2014] EWCA Civ 1464, the Court of Appeal confirmed that an individual engaged in a consultancy agreement with the policyholder of a professional liability insurance policy was covered by the policy notwithstanding … Continue reading
Filed under Case law, Insurers, Policyholders