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Professional indemnity insurance: Europools v RSA

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13 October 2020

Euro Pools v RSA is the first case in 10 years in which the Court of Appeal has considered the important topic of notifications and attachment of claims in professional indemnity insurance. The speakers for this podcast include counsel who appeared in the case at trial and in the Court of Appeal. They will discuss the judgment, its ramifications and broader issues of notification, attachment and aggregation of claims.

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The effect of notifications of circumstances and claims is an important issue in many professional indemnity (“PI”) insurance cases. Is a notification of circumstances too speculative to be valid? What is the scope of a notification? Have there been multiple separate notifications with the effect of attaching different categories of claim to different policy years, or has there been a single early notification followed by elaboration upon it? Which categories of claims attach to different policy years, or fall into gaps in coverage? Questions such as these can have huge financial significance in disputes between insurer and insured, and between insurers of different years of cover.

In this podcast, we shall address an important recent case in the Court of Appeal in which we all appeared, Euro Pools Plc (In Administration) v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808; [2019] Lloyd’s Rep IR 595 (at first instance, [2018] Lloyd’s Rep IR 575). That case provides comprehensive guidance on the principles to be applied when interpreting and determining the effect of notifications of circumstances. It also illustrates some of the practical challenges of this exercise. After considering the case itself, we shall look at its ramifications.

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Speakers

Jonathan Hough KC

Call: 1997 Silk: 2014

Ben Elkington KC, FCIArb

Call: 1996 Silk: 2012

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