In light of the COVID-19 crisis, a Grand Ducal Regulation was published on 25 March 2020 (the Regulation)[1] that suspends certain procedural deadlines applicable in civil and commercial matters during the Luxembourg state of crisis. The Ministry of Justice has clarified that this suspension also relates to insolvency matters.

In this two part guide we will be looking at issues that frequently arise when considering whether a professional indemnity policy responds to a claim against a construction professional.

In Part 1 we consider whether there is cover. In particular:

1. Prior claims – when will a “new” claim fall within an existing notification?
2. The obligation to notify circumstances
3. Aggregation
4. Insolvency of the Insured

Prior claims