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Let’s first define what professional indemnity (PI) insurance is.
This is a type of insurance cover that protects a company from incurring legal costs and expenses in their defence, as well as any damages or costs that may be awarded if they have been alleged to have rendered inadequate advice, services or designs that caused a client to lose profit.
It’s also often referred to as professional liability insurance.
In Hong Kong, it is compulsory for some businesses to take out liability or professional indemnity insurance before they can operate.
Here are some examples of professional indemnity insurance claims you may find useful:
Case Study 1
Government Statutory Board | 6 Staff members | HKD5.5M turnover
A claim was made against the Insured by one of its former clients. The claim alleged that the Insured failed to protect the claimant’s medical conditions whilst acting for the claimant in court, resulting in the claimant’s identity being easily searched online and discriminated against.
The Insured appointed panel solicitors to assist with managing the dispute. The Insured incurred defence costs of HKD280,800 which were indemnified by the Policy.
Case Study 2
Insurance Broker | 5 Staff Members | HKD3.9M turnover
A claim was made against the Insured by their client, a recreation club. The client alleged that the Insured misrepresented that their Directors and Officers Policy would cover the club’s own rights which were, in fact, incorrect when a claim was presented to the insurer and was declined. The claimant further alleged that the Insured failed to exercise reasonable skill and care whilst advising and obtaining adequate insurance.
The Insured appointed panel solicitors to assist in defending the matter against them. The claim was settled at mediation. The Policy paid a total for settlement costs of HKD1,482,000 and defence costs of HKD351,000
Payment: HKD1,482,000 plus HKD351,000 in defence costs.
Case Study 3
Logistics Operator | 8 Staff Members | HKD1.95M turnover
The Insured, a logistics operator, was storing vaccines in its Cold Room for their client. A claim was made against the Insured by their client alleging that there had been a fall in temperature in the Cold Room which was a result of a hardware malfunction, which damaged their products. The Insured notified Insurers for their Fire Policy as well as their PI Policy. The Insurers of the Fire Policy indemnified the Insured to the sum of HKD1,287,000 which was insufficient to meet the total replacement cost of the vaccines due to a global shortage in certain of those vaccines. One of the vaccine’s cost had increased from HKD29.02 to HKD519.87 per vial. The Claimant sought further damages of HKD1,950,000.
The Insured appointed panel solicitors to assist with managing the claim against them. The Policy was triggered and paid for defence costs of HKD117,000. The claim was settled at a mediation for HKD319,800 which was also indemnified by the Policy.
Payment: HKD319,800 plus HKD117,000 in defence costs
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