Insurance cover for liability for abuse

On this day Colin Edelman QC gave a lunchtime lecture at the British Insurance Law Association (BILA). He discussed the following points:

  • Scope of "abuse"
  • Categories of insured exposed to liability
  • Types of responsive policy
  • Ambit of "insured"
  • Trigger of cover: occurrence, injury, accidental injury, claims made/circumstances notified
  • Proof of cover
  • Relationship of abuse to the activities or business of the insured
  • Retention and limit of indemnity: per occurrence/claim, aggregation - e.g. series of occurrences/claims arising from one source or originating cause
  • Exclusions: professional services, deliberate misconduct
  • Non-disclosure
  • Strategy: "Wait and see"?
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