
Professional indemnity claims
How quickly professional indemnity and liability claims and notifications are resolved can vary greatly. The main factors which affect their resolution timeframe include:
- The size, nature, complexity and contentiousness of the claim
Example 1: Claims involving minor injury tend to settle quicker than more serious injury matters, since the injury and the claimant’s medical condition may require a long period to stabilise before loss quantum can be properly assessed.
Example 2: Property valuer notifications or claims can 'hang around' because the Claimant usually needs to wait until the property is sold and any value disparity (indicating a possible valuation error) is crystallised.
- The relationship between the disputing parties, and their attitudes and expectations as to how the matter should be resolved or settled.
- Whether the claim is litigated eg. court and high legal costs usually mean the claimant or their legal representatives are unwilling to settle for a figure which will not cover at least their expended costs
- The expertise and experience of claims officers and instructed lawyers
- The financial & personal situation of the parties: the availability of funds and time can determine whether the parties can continue to be as involved or as interested in pursuing a claim, and obviously affects whether they can afford to pursue or continue the claim (and particularly the consuming demands of litigation). A properly informed insured can also assist in ending the dispute on more realistic commercial grounds.
Professional Indemnity insured’s are naturally concerned with protecting and defending their professional reputation whilst defending a claim and deciding whether to settle, as well as any terms of settlement they will agree to. This can affect the way a claim is defended and how quickly it resolves.
For the above reasons, some smaller value claims may continue for a long time and can incur defence costs disproportionate to the disputed quantum involved.