Professional indemnity insurance: aggregation

In AIG Europe Ltd v OC320301 LLP and Others [2016] Lloyd’s Rep IR 147 Teare J was asked to determine whether a number of different claims against a firm of lawyers could be characterised as arising from similar acts or omissions in a series of related matters or transactions for the purposes of limb (iv) of the aggregation provision within the prevailing Solicitors’ Minimum Terms and Conditions (“MTC”).

His decision was modified on appeal by the Court of Appeal, AIG Europe Ltd v OC320301 LLP and Others [2016] Lloyd’s Rep IR 289. The decision of the Court of Appeal was itself reversed by the Supreme Court in AIG Europe Ltd v Woodman [2017] UKSC 18; [2017] Lloyd's Rep IR 209. The courts at all three levels reached a different conclusion on the same words.