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Description - Professional Indemnity Insurance by Mark Cannon

This authoritative and practical guide provides a thorough account of the law and practice of professional indemnity insurance. Topics examined include the basis of cover, entering the contract, block notification of claims, aggregation, and the exclusion of cover for fraud and dishonesty. The book also considers the standard terms and policy wordings involved in claims policies and the associated issues that can arise in practice. In addition to providing analysis of English case law, the book also includes authorities from other major Commonwealth jurisdictions to give the most complete interpretation of the law on this specialist area. All key recent cases relating to professional indemnity insurance are covered, for example Omega Proteins Ltd v. Aspen Insurance UK Ltd [2010] EWHC 2280 (Comm) and ACE European Group v. Standard Life Assurance Ltd [2012] EWCA Civ 1713. Additionally, the new edition considers statutory developments since the last edition, most notably the Third Parties (Rights Against Insurers) Act 2010 and the Insurance Act 2015, and topical issues such as aggregation of claims.

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Book Details

ISBN: 9780198725183
ISBN-10: 0198725183
Format: Hardback
(257mm x 189mm x 29mm)
Pages: 464
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 25-Feb-2016
Country of Publication: United Kingdom

Book Reviews - Professional Indemnity Insurance by Mark Cannon

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Book Review: Professional Indemnity Insurance by Mark Cannon - Reviewed by (27 Mar 2016)


An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

As regulation plays a primary role in almost all professional activities, the need for professional indemnity insurance has become paramount. Indeed for many professions, including law, insurance cover is compulsory. It is difficult, therefore, to underestimate the importance of this authoritative work of reference on this key subject, now in a new second edition from the Oxford University Press.

Authors Mark Cannon QC and Brendon McGurk observe that as the amount of professional activity increases, the number of claims against professionals will inevitably mount up. It is not surprising, they say, that the increasing role and importance of professionals in society ‘has led to the introduction of requirements, both statutory and professional, that members of a given profession should hold a specified level of professional indemnity insurance.’

The intended beneficiaries of these insurances are of course not the professionals themselves, but their clients and other claimants seeking to recover damages resulting from loss or damage caused by aforementioned professionals.

As professional indemnity insurance is compulsory for barristers and solicitors, it is equally so within a number of other professions, including – and here’s the short list: accountants, architects, engineers, insolvency practitioners, insurance intermediaries, medical practitioners (doctors, dentists, etc.), surveyors and valuers – and let’s not forget IT professionals.

The authors are careful to point out that the book is ‘concerned with professional indemnity insurance which is not affected by the status, training, ethics or regulation of those who are insured – but with their liabilities to third party claimants.’ They also stress that for the purposes of this book, ‘all those who obtain such insurance are regarded as professionals.’

This new edition, the first since 2010, contains important new material, including commentary on the Insurance Act 2015, due to come into force in August 2016. The other important piece of legislation discussed is the Third Parties (Rights Against Insurers) Act 2010, enacted just before the first edition of this book went to print. Account has also been taken of six years of decisions in England and Wales and elsewhere. Certain US and Commonwealth authorities have been cited as well.

Considering the complexity and scope of this subject, the book has, fortunately, been structured for ease of use. Copiously footnoted with numbered paragraphs throughout, it contains both a short and a detailed table of contents, a comprehensive index and extensive tables of cases, statutes and secondary legislation.

For barristers and solicitors as well as for practitioners in a host of other professions, this is the definitive and most up to date work of reference available on professional indemnity insurance, and this new edition will be regarded as an essential purchase for the professional library.

The law is stated as at 31 July 2015.

Author Biography - Mark Cannon

Mark Cannon is a Barrister at 4 New Square with over 20 years' experience. He specialises in professional liability claims in a commercial context, commercial disputes, and construction and insurance. Brendan McGurk is a Barrister at Monckton Chambers where he practices in commercial, public law, and regulatory disputes.

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