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ARTICLE · 20 FEBRUARY 2012

PI Insurance: Mitigation Costs And Dominant Purpose

This dispute arose under a professional indemnity policy issued by the Defendant insurers to the Claimant, Standard Life ("SLAL").

United KingdomInsurance
Anthony Menzies
Anthony Menzies
James Crabtree
James Crabtree

Standard Life Assurance Ltd v Ace European Ltd & Ors [2012]1
Commercial Court 1 February 2012

This dispute arose under a professional indemnity policy issued by the Defendant insurers to the Claimant, Standard Life ("SLAL"). The claim concerned the operation of one of SLAL's pension funds, which had been marketed as a temporary home for short term investment, and described as being invested in cash, though by 2007 the fund's assets included a substantial proportion of asset backed securities. Following the failure of Lehman Brothers in September 2008, trades in the underlying securities came to a halt, rendering the fund illiquid and increasingly difficult to value.

In January 2009, SLAL took the decision to switch to a different valuation model, resulting in a one-off one-day fall in value of units in the fund of around 4.8%. This generated a mass of complaints and claims from customers, and severe pressure from the Financial Services Authority.

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