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AI Overview

The book "Professional Indemnity Insurance Law" by W. I. B. Enright and Digby Charles Jess is a comprehensive legal treatise that explores the intricacies of professional indemnity insurance law. Here is a detailed overview of the book:

Key Themes

  1. Coverage of Professional Liabilities: The book delves into the extent to which professionals are covered for different liabilities under various indemnity policies. It examines the drafting of policies and the legal relationships between professionals and their clients.

  2. Insuring Clauses: It provides a detailed discussion of the insuring clauses found in modern professional indemnity policies, which is crucial for understanding the scope of coverage and potential exclusions.

  3. Legal Relationship: The book analyzes the nature and extent of the legal relationship between a professional and their client, which is fundamental to understanding the obligations and liabilities involved.

  4. Fraudulent Claims: It includes commentary on the evolving law regarding fraudulent claims, particularly in light of significant court decisions such as Versloot Dredging and Financial Conduct Authority v Arch Insurance.

  5. Third-Party Claims: The text discusses the rights of third-parties to claim directly against the insurer, including recent cases like Rashid v Direct Savings and Financial Conduct Authority v Arch Insurance.

  6. Legal Liability Cover: It extensively treats the ascertainment principle for legal liability cover, examining key cases such as Teal Assurance Company v WR Berkley Insurance and AstraZeneca Insurance Co v XL Insurance (Bermuda).

Plot Summary

The book is structured to provide a two-strand approach, covering both the insurer's and the professional's perspectives. It includes chapters that consider key cases affecting pre-contract matters, recent decisions on the meaning of a "claim," and comprehensive updates on legal liability cover and third-party claims.

  • Chapter 2 discusses key cases affecting pre-contract matters, including WISE Underwriting Agency Ltd v Grupo Nacional Provincial and Berkshire Assets (West London) v AXA Insurance UK.
  • Chapter 7 examines the recent case of ARC Capital Partners v Brit Syndicates on the meaning of a “claim” in the context of third-party claims against the assured.
  • Chapter 10 gives extensive treatment to the ascertainment principle for legal liability cover, discussing cases like Teal Assurance Company v WR Berkley Insurance and AstraZeneca Insurance Co v XL Insurance (Bermuda).
  • Chapter 11 looks at the rights of a third-party to claim directly against the insurer, with commentary on Rashid v Direct Savings. Recent COVID-19 cases, including Financial Conduct Authority v Arch Insurance, are also considered.

Critical Reception

While specific reviews are not provided in the sources, the book's comprehensive nature and the expertise of its authors suggest it is well-regarded in the field of professional indemnity insurance law. The authors, particularly Digby Charles Jess, are acknowledged authors and practitioners in insurance law, with extensive experience in commercial, professional negligence, and building/construction litigation and arbitration.

The third edition of the book, which has been significantly updated and restructured, indicates a continuous effort to keep the content relevant and up-to-date with the latest legal developments and court decisions. This suggests that the book remains a valuable resource for professionals and insurers seeking to navigate the complexities of professional indemnity insurance law.