As a form of liability insurance, professional indemnity insurance can give rise to various disputes that are typical of claims-made policies. These include notification issues, including whether a claim was notified promptly and the scope of a notification and whether it relates back to an earlier circumstance that was (or ought to have been) notified under a previous policy.
In addition, disputes can arise about the impact of an aggregation clause, the scope of policy exclusions, and the extent to which the insured has discharged its duty of fair presentation under the Insurance Act 2015.
We have experience in all the above and are often instructed to advise insurers and policyholders in connection with coverage disputes small and large.
John de Waal QC has published Risk & Negligence in Property Transactions (The Law Society), Paul Reed QC has written the leading insurance text Construction Professional Indemnity Insurance (Sweet & Maxwell) with contributions from a number of Hardwicke members. We also contribute to Insurance Broking Practice and the Law (Informa) and other specialist texts.