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PI insurance question

  • 11-12-2014 1:21pm
    #1
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭


    Just a broad question,

    In the event that a practice notifies one insurer of a circumstance for a claim and subsequently renews its cover with another insurer and in that second indemnity period a claim is notified, which insurer should be liable to respond?

    Thanks Wazzo.


Comments

  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Presumably the company you were insured with at the date the incident took place.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    If its a "claims made" insurance policy, it is the insurer at the time the claim is made, not at the time of the negligence. However, one sneaky way out for them is that they can ask you "are you aware of any potential claims against you" and that covers them in the event that a person with impending litigation changes insurers.

    The other type of insurance, occurrence, will be based on the insurer at the time.

    Although it may at first glance seem unfair to the new insurer, the occurrence in professional negligence may not be a single day but a whole period of advice or litigation covering years. If i was with company A in 2011, B in 2012, C in 2013 and D in 2014, and a claim is made in 2014 that i gave negligent treatment to my patient over the course of 2011 to 2014 before the claim is notified in 2014, it would lead to a messy situation whereby 4 insurers would have a fight about the extent of my negligence in each of the 4 years.


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