MCDONNELL INFORMATION SYSTEMS LTD v SWINBANK AND OTHERS

[1999] Lloyd's Rep IR 98

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Mance

Professional indemnity insurance - Operative clause applying to allegations against the assured - Cover for negligence and for fraud - Fraud exclusion where assured could reasonably have discovered fraud - Compromise agreement entered into by assured - Whether policy responded to allegations or whether proximate cause of loss leading to settlement had to be demonstrated.