King & Wood Mallesons

Asia-Pacific 100 position: 3

The blanket approach — green light given to ‘catch-all’ insurance notifications

The English High court’s decision in McManus & Ors v European Risk Insurance Co indicates that the blanket notification of claims (or of circumstances which might give rise to a claim) is likely to be sufficient to trigger an insurance policy. It also highlights the need for an insured to promptly notify claims or circumstances when they first discover them.

This case concerns an English law firm’s (McManus Seddon Runhams) (the Firm) blanket notification to its professional indemnity insurer of circumstances which might give rise to a claim (the Notification Letter). The notification related to of all of the files/matters of another partnership that had recently been acquired by the Firm.

The Firm’s professional indemnity policy relevantly required that it notify the insurer of any claim “first made against any Insured during the period of insurance” or any “circumstances of which any Insured first becomes aware during the period of insurance”…

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Overview

Level 61, Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
http://www.kwm.com

Jurisdiction: PRC/Australia
No. of offices: 20
No. of qualified lawyers: 1,252