Aggregation in Professional Indemnity Insurance Policies

In this podcast episode, barristers David Halpern KC and Ben Elkington KC address aggregation clauses, when two or more claims are treated as a single claim, in professional liability insurance policies including solicitor’s insurance and other types of professional indemnity insurance.

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This Episode focuses on aggregation clauses in professional indemnity insurance.  It covers the aggregation provisions of the SRA Minimum Terms and Conditions, including in-depth analysis of three leading cases in this area: Lloyds TSB v Lloyds Bank (House of Lords, 2003), AIG v Woodman (Supreme Court 2017) and Baines v Dixon Coles & Gill (Court of Appeal, 2021).  It also covers aggregation clauses in other types of professional indemnity insurance, with a detailed consideration of the decision in Spire Healthcare Ltd v RSA (Court of Appeal, 2022).