Professional indemnity insurance law / by W.I.B. Enright; Robert Merkin.

Professional indemnity insurance law / by W.I.B. Enright; Robert Merkin.

3rd edition

9780414056213 paperback

London : Sweet & Maxwell, 2024.

©2024

English

cxxxiii, 868 pages ; 25 cm

N290.A1 ENR 2023

Professional Indemnity Insurance Law explains the extent to which professionals are covered for different liabilities. This new edition has been significantly updated and maintains its analytical and solutions-based approach to make it a valuable resource for insurers and the assured. Part One looks at the law affecting professional indemnity insurance – both pre-contract and contract. It examines the relationship among professions and breaks down key contractual principles and terms including utmost good faith, risk, representations, premiums and the period. Part Two moves on to the triggers and coverage elements necessary to establish a claim and contains chapters on third party loss, cause of action, remedies and ascertainment of the assured’s loss. Part Three concludes with consideration of claims, illegality and misconduct, as well as addressing other benefits an insurer provides to an assured in relation to a claim. Explains the law governing professional indemnity insurance, providing clear guidance on the extent to which professionals are covered for different liabilities. Takes a detailed look at pre-contract matters and addresses the key principles of utmost good faith, fair presentation of the risk and representation. Looks at elements of the contract such as insurable interest, formation and policy terms and also outlines the current position on exclusions and exemptions. Covers the main terms and clauses of a professional indemnity insurance contract. Considers third-party loss: economic, personal injury and property damage. Examines different causes of action against the assured and their application to specific professions. Outlines the different remedies available including damages, consequential loss, interest, recission, injunction, specific performance, restitution and unjust enrichment. Explains the procedure behind the claims process, its time limits and ancillary issues like subrogation. Detailed coverage of illegality and misconduct and the evolving law surrounding fraudulent claims. Addresses the assured’s loss and the three financial components: third-party costs and expenses, the amount paid and defence costs. - Publisher's website.

Includes bibliographical references and index.