Double Insurance – Who Can Claim and Under Which Policy

When an insured is covered by two or more policies, the policy holder may be permitted to pursue cover under each policy as they see fit. Consequently, the indemnifying insurer may be able to seek contributions from the other insurers.  

This seminar will explore this issue by looking at the decision in WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets [2023] and the significant implications for insurers and subcontractors.  

The session will cover the broad implications for professional indemnity and liability insurers, including: 

• The circumstances when an insured may be covered by more than one policy.
• Understanding the scope of who and what may be covered under insurance or indemnity policies.  
• Does indemnity under one policy prevent an insured from seeking to recover under another policy?  
• Can one insurer plead the indemnity as a valid defence if another insurer has met the same risk and loss?  
• The implications for the grant of indemnities in insurance contracts. 
• What should professional indemnity and liability insurers do to amend their current documents, or prepare to defend a future claim?  

This session will equip you with a comprehensive understanding of dual insurance coverage, providing invaluable insights for navigating the evolving landscape of insurance policies