Insurance Law

Professional Indemnity Insurance

Edited by Mark Cannon QC · Brendan McGurk
Oxford University Press March 2010

Specifications

ISBN-13
9780199577149
Publisher
Oxford University Press
Publication
March 2010
Format
Hardback , 392 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Provides a specialist and authoritative guide to the law of professional indemnity insurance (PII)
  • Includes discussion of practical issues such as notification of claims and circumstances, aggregation and fraud and dishonesty.
  • Incorporates detailed description of relevant authorities including from major Commonwealth jurisdictions
  • Considers standard terms (such as solicitors' Minimum Terms) and other policy wording in the context of the relevant principle

This new work provides an authoritative and practical guide to the law of professional indemnity insurance (PII). Although governed by the general principles of insurance law, PII gives rise to specific issues which merit special treatment. Professional Indemnity Insurance provides a clear, succinct account of the general principles of the relevant law, and focuses on professional indemnity related issues.


The book includes exposition of the relevant authorities (including from major Commonwealth jurisdictions) in order to further illustrate points of law and lines of argument. There is a discussion of standard terms (such as the solicitors' Minimum Terms) and of policy wordings in general use and the authors seek to address the issues which arise in practice in relation to claims made policies.


As the recession gives rise to a new wave of claims against professionals, raising issues such as block notification of claims, aggregation and the exclusion of cover for fraud and dishonesty, the publication of this book is timely and will be an invaluable resource for solicitors and barristers specialising in professional liability, and in insurance/reinsurance.

Readership: Barristers and solicitors specialising in professional liability, and in insurance/reinsurance in the UK and internationally. The market also includes in-house lawyers in insurance companies, claims handlers and risk managers.

Table of Contents

1: Introduction
2: The basis of cover
3: The insurance broker
4: Entering the contract
5: The duty of utmost good faith
6: Misrepresentation
7: The construction of the contract
8: Fraud and dishonesty
9: The indemnity
10: The amount of the indemnity: the excess, policy limits, and aggregation of claims
11: The obligations of the insured in relation to claims by third parties
12: The defense of claims by third parties
13: Third party rights against insurers

About the Author

Mark Cannon QC, Barrister, 4 New Square, and Brendan McGurk, Barrister, 4 New Square
Mark Cannon is a Barrister at 4 New Square specialising in professional liability claims in a commercial context, commercial disputes, construction and insurance and reinsurance. He has been an editor of Jackson & Powell on Professional Liability since 1991 and is currently chairman of the Professional Negligence Bar Association.
Brendan McGurk is a Barrister at 4 New Square specialising in Professional Liability, Commercial Litigation and Insurance & Reinsurance

Reviews

"This book is a useful, concise, and reasonably priced complement to any library already including a general insurance text. It is hoped that there will be future editions" - Jeffrey Thomson, Journal of Business Law

 

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