Our consultants have been instructed as an expert witness on a number of occasions.  Our areas of expertise are:

• Professional Liability
• Duties of Brokers
• Application of the terms and conditions in Policy Wordings

Some examples include:

A Loss Adjuster –vs- Their PI Insurers

Alleged non-disclosure and fraudulent activity

The issues related to a freezing order on the Loss Adjuster’s bank accounts following the discovery of a fraud in a major UK insurer.  The Loss Adjuster was able to satisfy the court and the Insurance Company that all monies received could be accounted for.  Subsequently the Insurance Company issued proceedings in negligence and the PI Insurers refused indemnity on the grounds of Fraud and Material Non-Disclosure.

A Financial Institution –vs – Their PI insurers

Interpretation of a specific policy clause invoked to deny cover to the insured

A New Zealand Case, this case settled out of court.  The issue revolved around the Market’s understanding of a specific clause and whether the interpretation put on it by the insurer was valid.