Professional is as professional does: ‘civil liability’ and ‘professional capacity’

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Kyriackou v ACE Insurance Ltd [2012] VSC 214 concerned the refusal of an insurer to indemnify an insured under a professional indemnity policy for his costs in defending ASIC proceedings. An appeal lodged by the insured against the decision has been dismissed. Among other things, the appeal judgment considered the meaning of two phrases: ‘civil liability’ and ‘professional capacity’…

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