Claimants Joining Insurers to Proceedings – Recent Developments in NSW and WA

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In the context of professional indemnity insurance, there have been multiple instances in which claimants have attempted to join – as a party to court proceedings – the insurer of an alleged wrongdoer.

In NSW, the application to join an insurer is usually made under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946.

The Court of Appeal's decision in Walter Construction concluded that – in respect of "claims made" policies – two events (in substance) needed to have occurred in the same policy year, namely:

- The "happening of the event" that gave rise to a claim for damages or compensation.

- The claim against the insured (alleged wrongdoer) triggering the "claims made" policy.

Please see full alert below for more information.

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