Professional indemnity insurance

They are incredibly well set up, in terms of people, resources and technology, to handle even the largest and most complex of cases.

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Professional indemnity insurance is essential to many businesses in the UK and globally. At Penningtons Manches Cooper, we fully understand this high profile and evolving market and offer a range of specialist lawyers across our core sectors with a proven track record of delivering expert legal advice to clients.

We are regularly instructed by underwriters and claims teams at corporate and international insurers, Lloyds’ syndicates and indemnity associations, as well as by in-house legal teams and risk managers at insured businesses, in relation to their professional indemnity policies and claims. Our practice spans professional services, construction, engineering and infrastructure, travel and transport, including marine and shipping.

With vast experience in joint instruction claims work, our lawyers successfully defend professional negligence actions and, where necessary, pursue subrogated recoveries against others. We have a particular expertise in handling technically complex and high value disputes, whether through litigation, arbitration or using ADR. We also specialise in professional indemnity policy coverage investigations and disputes, as well as monitoring counsel instructions, particularly in relation to large scale claims including those with an international element.

Through our City of London headquarters and our network of offices in Paris, Madrid, Piraeus, and Singapore, we offer international clients a joined up, single service for policy issues and claims with a cross border element. Our professional indemnity lawyers also appreciate the need for, and deliver, effective wider stakeholder engagement, whether it be with co-insurers, excess layer insurers, brokers, loss adjusters, or captives.

As a firm, we recognise that the professional indemnity insurance market is constantly developing and adapting, whether to global events or domestic legislative changes. This creates both opportunity and challenges for all involved. Through our global insurance group, we work hard to understand emerging trends, and to be flexible and proactive so that we always remain trusted advisers to our clients.  

We offer expert advice on:

  • drafting and changes to professional indemnity insurance policy wording
  • defending professional negligence claims pursued against insured businesses
  • pursuing third party recovery actions, including subrogated claims on multi-party disputes
  • resolving claims through ADR, including adjudication, mediation and expert determination
  • risk management and dispute avoidance during ‘live’ projects and schemes
  • professional indemnity policy coverage investigations and advice, including on scope of notification, aggregation, compliance with policy conditions, and scope of cover
  • monitoring counsel instructions, including assessing defence strategies, for insurer clients on large scale claims against their insured
  • claims arising from insured insolvency and the Third Parties (Rights against Insurers) Acts

Recent work highlights

£100 MILLION ENGINEERS’ NEGLIGENCE CLAIM

Defending a leading engineering consultancy and its professional indemnity insurers in a complex negligence claim for over £100 million in relation to a PFI hospital. We secured an early full release from the legal proceedings without any payment.


PROFESSIONAL INDEMNITY COVERAGE ADVICE ON CLADDING CLAIMS

Advising a global insurer client on professional indemnity policy coverage in relation to a range of claims against its insured design and build contractor concerning cladding and other fire safety defects on high rise buildings.


NEGLIGENCE CLAIM AGAINST CHARTER BROKER

Representing a ship charter broker that was alleged to have failed to transmit correctly evidence in support of a demurrage claim to a vessel’s charterer. We successfully resisted the arguments of negligence and, following the commencement of arbitration, persuaded the charterer to settle the claim.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP