Baines v Dixon Coles & Gill [2021] EWCA Civ 1211

Important Court of Appeal decision on the aggregation provision in a professional indemnity insurance policy for solicitors subject to the SRA Minimum Terms and Conditions holding that multiple claims arising from acts of theft from a solicitor’s client account could not be aggregated because they did not arise out of a series of related acts or omissions. Lloyds TSB General Insurance Holdings Ltd v Lloyds Bank Group Insurance Co Ltd [2003] UKHL 48, and AIG Europe Ltd v Woodman [2017] UKSC 18 applied. The judgment of Nugee LJ also touches on, without deciding, the issue of allocation of money following multiple thefts from a mixed account and whether a shortfall should be allocated across all clients, or merely the one in respect of whom the solicitor has made the relevant entry in the firms’ accounts (suggesting the latter is less likely).

See here.

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