Insurance cover for liability for abuse
On this day Colin Edelman QC gave a lunchtime lecture at the British Insurance Law Association (BILA). He discussed the following points:
- Scope of "abuse"
- Categories of insured exposed to liability
- Types of responsive policy
- Ambit of "insured"
- Trigger of cover: occurrence, injury, accidental injury, claims made/circumstances notified
- Proof of cover
- Relationship of abuse to the activities or business of the insured
- Retention and limit of indemnity: per occurrence/claim, aggregation - e.g. series of occurrences/claims arising from one source or originating cause
- Exclusions: professional services, deliberate misconduct
- Non-disclosure
- Strategy: "Wait and see"?
