Legal Question in Insurance Law in
Professional Indemnity insurance Cover between USA and UK
A global company has its Headquarters in the USA. It has satellite offices in (say) Europe. The company has professional indemnity insurance cover, which would be adjudicated in the USA courts if there were any dispute. The UK office has clients who would not wish to go through the US courts, but would want to go through the UK courts if a dispute arose. Can disputes (if any) for UK clients be allowed to go through UK courts WITHOUT the need to set up separate indemnity insurance cover IN the UK (and thereby paying a separate premium)?
All replies appreciated.
2 Answers from Attorneys
Re: Professional Indemnity insurance Cover between USA and UK
From what you have said, it doesn't sound like you really have a problem. The insurance contract requires disputes between the company and the insurer to be litigated in the U.S., but says nothing about where disputes between the clients and the company are to be resolved. Thus, if a British client wants to sue the company in London, the insurance agreement will not prevent such a suit. If the defense of the suit is tendered to the insurer and it agrees the matter is covered, it will pay to defend the suit in London. However, if the company tenders defense of the suit to the insurer and the insurer denies coverage, the company could only sue the insurer here in the U.S.
Of course, the insurance contract itself is the best source of answers to this question, but I would be VERY surprised if the contract purports to require suits between the company and its European clients to be litigated here in the United States.
Re: Professional Indemnity insurance Cover between USA and UK
The term to which you refer relates to where disputes between insured and insurer are to be litigated. Another clause in the policy will specify the territorial coverage. This is what you should be concerned about. Depending on the type of policy, it should be possible to buy global coverage, but it may be cheaper to get separate policies.