We have commented in previous issues on the number of coverage issues we encounter, despite the breadth of cover which solicitors enjoy under the MTC. We are also encountering a number of issues where defendant panel firms are conflicted.
In Doorway Capital Ltd v American International Group UK Ltd [2022] EWHC 182 (Comm) (link: www.legalrisk.co.uk/News) it was held that there was no right to indemnity under a policy written under the MTC for a claim relating to the firm’s funding as the claim did not arise from the provision of services in private practice as a solicitor. Sutherland Professional Funding Ltd v Bakewells [2011] EWHC 2658 (QB) and Impact Funding Solutions Ltd v Barrington Support Services Ltd [2013] EWHC 4005 (QB) considered. Obiter, the trading debt exclusion would have applied.
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