Liability insurance: professional indemnity cover

The decision of Davies J in the Federal Court of Australia in Aquagenics Pty Ltd v Certain Underwriters at Lloyd’s [2017] FCA 634 says nothing dramatically new, but contains important analysis of exactly when a claim is made against the assured for the purposes of a claims made policy and, also, the scope of the claim when additional elements of damages are added at a later date.

There are no English authorities cited, but an English court would have resolved the issues in precisely the same way.