Capacity of assured

Zurich Professional Ltd v Brown [2010] EWHC 3300 (Ch) raised a question of the interpretation of a professional indemnity polity taken out by the assured. The policy covered the assured for liability incurred in the course of his private legal practice. The question was whether he was carrying on such a practice.

Zurich Professional: the insurance

Mr Brown was a solicitor with a colourful career. He was admitted in 1971 and joined a major London law firm. He left in 1984 and from then until 2002 he practised in London and Monaco as well as being involved with various companies, although he became bankrupt in 1995 and was unable to practise as a solicitor. He regained his practising certificate in October 2002. From March 2002 Mr Brown practised as a sole practitioner under the name CS Law, and his work was mainly debt collection.