What happens if you pursue third and win the case only to find that one-third do not have funds to cover the reimbursement rate and their professional indemnity insurers deny responsibility? On the face of it, you are worse than if you had done something. But in Australia, after stops in two recent court cases, there may be a possible solution.
The defendants in the candidate Lois Hill Pty Ltd v CGU Insurance Ltd v Bazem Pty Ltd held two professional liability insurance. But in each case the respective insurance companies denied responsibility. And in both cases, plaintiffs sought permission to "join" the insurers as defendants in the second procedure - in other words, to seek a court ruling that insurers are required to compensate the original defendant.
Now we must say that in neither case was the court concerned the question of whether to use his ruling that the insurers to participate in the proceedings. But the decisions suggest that there are no building blocks for "association" provided that the rules of the court allows such acts in principle.
Get the professional indemnity insurance you need at at 0333 3211 403.
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