Accountants that are members of the Institute of Chartered Accountants of England and Wales are obliged to have professional indemnity insurance written on specific minimum terms.  Each year the ICAEW revises its minimum wording and this year's revisions contain some significant changes.

The ICAEW's new minimum terms will apply from 1 September 2010.  Participating insurers are obliged to write policies for ICAEW members either using the minimum wording itself or otherwise on equivalent terms.  Either way, the changes to the minimum terms are relevant for ICAEW members and their insurers alike.

The most significant change to the wording this year is that prompt notification of claims will no longer be a condition precedent to insurers' liability under the policy.  Historically, the notification provisions in the minimum wording were stipulated as conditions precedent, allowing insurers to refuse an indemnity where a firm unreasonably delayed in notifying a claim.  This will no longer be the case.

Other changes include:

  • Insurers may provide for a costs inclusive excess but only in respect of claims arising from FSA regulated work;
  • Where any dispute arises as to whether an indemnity is due to the firm (including a dispute as to which policy year ought to respond) insurers will be obliged to continue to fund defence costs until the dispute is resolved;
  • The wording now makes it clear that the firm must notify any circumstances that may give rise to a claim no later than the end of the policy – previous wordings were not clear on this point, giving rise to uncertainty such as in the case of HLB Kidson v Lloyd's Underwriters.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 16/07/2010.