Professional Indemnity FAQ

Continuous Cover Extensions - When do they apply?

What is "continuous cover"? When do we offer this?

Many insurers are under the impression that this is some sort of loyalty bonus. Well this is not really true. There is however an advantage to stay with the current insurer and that is due to the situation of a known circumstance.

It means that if someone who was insured with us in unbroken successive periods notifies a claim circumstance in the subsequent period which should have been notified in the earlier period, then that claim will be covered under the latter policy but there remains conjecture amongst many insurers. Is it subject to the lesser limit of the two applicable policies. Or is it the policy that it should have been reported in? Issues of 'non-disclosure' and 'known circumstances' exclusions will not be raised simply because an insured does not need to disclose matters that ought to be of common knowledge, however prejudice due to delayed notification may be taken into account in the adjustment of the claim.

Then we have the added situation of having clauses found in the some wordings saying that if in the third year the insured then goes to a different insurer, that allowance for the known circumstance will be void. This applies even if the insurer decides to decline to offer renewal. There is some legislation that may be tested on this. There are also some insurers now giving continuous cover if the insured was with a different insurer the year before. A brilliant marketing move.

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D&O premium pool ‘must treble’ to return to profitability

A new report – called "Show Me The Money!" by insurer XL Catlin and law firm Wotton + Kearney – is the second in a series of three white papers on securities class actions and their impact on the Directors & Officers Liability (D&O) market. The main conclusion is that Directors’ and officers’ (D&O) insurance premiums are under-priced significantly and need to rise strongly to restore profitability. The main risk areas are those exposed to securities class actions, 

It says Directors & Officer's Side A, Side B and Side C cover has been chronically underpriced since at least 2011, while the frequency of class actions is increasing as more plaintiff lawyers and litigation funders enter the space.

The analysis suggests last year’s overall premium pool of about $210 million would need to increase by at least three times to establish a profitable market, if it is assumed all other factors stay unchanged.

“Recent market developments would indicate most D&O insurers are now endeavouring to restore some semblance of profitability to their portfolios after years of market losses,” the report says.

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75% of Cyclone Debbie claims settled

In the 6 months since Cyclone Debbie devastated Queensland and parts of northern New South Wales:

• more than 31,000 homes and business have been repaired or received settlements from their insurance company

• more than 20,000 families have had possessions replaced

• more than 4,500 motor vehicles have been repaired or new vehicles provided

• hundreds of local builders and trades have been working on properties to repair the damage and destruction caused by the cyclone

• over $5 million has been paid EACH DAY to assist local communities, residents and businesses.

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