This session will look at the steps that could help mitigate or reduce the prospect of professional negligence claims successfully being made against brokers as a result of the Coronavirus Pandemic. These are steps that could help mitigate brokers’ exposure to allegations including that: (a) the policyholder does not have the cover they required or thought they had; or (b) there has been a failure by a broker that has compromised the cover that would have been in place but for that failure.
A natural consequence of this objective being achieved could, in a number of cases, although not all of them, be to reduce the scope for claims against insurers. That is because the liability of the insurer and the broker is dependent upon the answer to the same question – what cover does a policy in fact provide?
Sam Moore
Sam specialises in professional indemnity claims and policy coverage disputes. His practice is focused on a diverse range of professionals including architects, engineers, insurance brokers and solicitors as well as building contractors. He acts in relation to a wide range of matters from those which are high value and complex to those that are lower value and less complex. He acts in court proceedings as well as at the pre-action stage of claims. He also frequently acts in arbitrations, adjudications and mediations. His proactive, innovative and commercial approach has resulted in impressive results for both insureds and their insurers.
Robert Lloyd
Robert has more than twenty-five years of experience as a solicitor with expertise in dispute resolution relating to insurance, construction, professional negligence, professional conduct, statutory liabilities, reinsurance, shipping and legal costs. He has handled many cases concerning architects’, engineers’ and contractors’ professional and contractual liabilities, often with significant technical dimensions, in a variety of industries including energy and transport. He also has extensive experience in relation to liabilities of insurance brokers, financial advisers and actuaries.
Imran Benson
Imran regularly acts in insurance disputes concerning coverage and brokerage.
Recent work has included a successful defence at arbitration of a declinature decision by a Legal Expense Insurer on the basis of (amongst other things) provocation by the insured. He has advised on aggregation rights arising out of innocent misselling of a fraudulent investment scheme. He regularly advises on the solicitor’s and ICAEW minimum terms. He is involved in fights about successor practices.
