Tag Archives: professional indemnity

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

Leave a Comment

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

Leave a Comment

Filed under Case law, Insurers

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

Leave a Comment

Filed under Case law, Insurers, Policyholders