Editor’s Note: One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law. Just as business practices change, new financing techniques evolve, and transactions become more complex, the bankruptcy world must adapt as well, to allow for a well functioning insolvency system and not a stilted, out of date process. To that end, we at The Bankruptcy Cave love finding curious decisions in tangential fields of the law, and thinking about how they may change bankruptcy practice, or how bankruptcy pract
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:
- Prior claims – when will a “new” claim fall within an existing notification?
- The obligation to notify circumstances
- Aggregation
- Insolvency of the Insured
Prior claims