Professional Indemnity
Defence and coverage advice in claims arising from alleged professional errors and omissions.
Professional indemnity claims require an understanding of both the service undertaken and the circumstances in which the professional judgment was exercised. We advise insurers and represent clients in disputes concerning alleged professional negligence, including claims against lawyers, with an emphasis on the retainer, the contemporaneous record and the causal basis of the loss claimed.
- Professional negligence
- Scope of retainer
- Causation and loss
- Policy coverage
Defining the duty and the alleged failure
We examine the instructions, engagement terms, advice given and allocation of responsibilities between the professional and the client. The factual assessment distinguishes the outcome of a matter from the standard of care applicable to the work actually undertaken. Relevant files, correspondence and expert evidence are used to test the pleaded breach and the context in which decisions were made.
Testing causation and financial loss
An allegation of error is only part of the analysis. We examine what would probably have occurred had the alleged breach not taken place, the decisions of the claimant and other parties, and the evidence supporting the loss. Where the claim depends on an underlying transaction or legal proceeding, that matter must be assessed on its own facts and merits.
Coverage and the conduct of the defence
We consider the relevant policy period and coverage trigger, notification provisions, the description of insured services and any exclusions or limits material to the claim. Defence strategy addresses disclosure, witness evidence, expert issues and opportunities for resolution. The professional’s position and the insurer’s contractual position are analysed distinctly, with appropriate attention to their respective interests and obligations.