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 publication below for more information.
