The Supreme Court of Queensland once again considers
what constitutes a "Claim" for a policy of
insurance
In finding that the form of letter in dispute in the proceedings
constituted a "Claim" for the purposes of a professional
indemnity policy of insurance, the Supreme Court of
Queensland's decision in Livesay v Hawkins &
Ors1 is a timely reminder to insurers of the
difficulties in seeking to deny indemnity on the basis that certain
communications by aggrieved claimants made, but not notified,
during the policy period are not a "Claim".
The facts
The third defendant carried on business as a real estate agent
and property manager at Crestmead, south east of Brisbane. The
third defendant held, at the material time, a professional
indemnity insurance policy with American Home Assurance Company
("AHAC"). The plaintiff rented a
property managed by the third defendant.
