Zurich Professional Ltd v Brown & Anor

Zurich Professional Ltd v Brown & Anor

Mr Brown did not act as a solicitor in private legal practice when administering the Whitehead estates, and the liabilities established against him did not arise in connection with the practice insured by Zurich (CS Law). Therefore, the policy does not respond to the claims.

Parties
Claimant: Zurich Professional Limited; First Defendant: Malcolm Reginald Brown; Second Defendant: Diana Rachel Barnes
Jurisdiction
England and Wales
Judgment Date
16 December 2010
Procedural Posture
Civil (insurance Coverage Dispute) / Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Professional Indemnity Insurance, Solicitors' Liability, Policy Interpretation, Successor Practice, Third Party (rights Against Insurers) Act 1930
Insurance Law Professional Negligence Probate and Administration Professional Indemnity Insurance Solicitors' Liability Policy Interpretation Successor Practice Third Party (rights Against Insurers) Act 1930

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Parties

Zurich Professional Limited

Claimant

Malcolm Reginald Brown

First Defendant

Diana Rachel Barnes

Second Defendant

Procedural Posture

Civil (insurance Coverage Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether the professional indemnity policy covers actionable defaults committed by Mr Brown in administering the Whitehead estates
  2. 2 Whether Mr Brown acted as a solicitor in private legal practice in connection with the administration of the estates
  3. 3 Whether any civil liability arose in connection with the practice insured by Zurich (CS Law)

Ratio Decidendi

Mr Brown did not act as a solicitor in private legal practice when administering the Whitehead estates, and the liabilities established against him did not arise in connection with the practice insured by Zurich (CS Law). Therefore, the policy does not respond to the claims.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Declarations granted as sought by Zurich in paragraphs 1 and 2 of the particulars of claim
  • Ms Barnes' counterclaim dismissed