- Title
- Lawyers predicting the future: disclosure in insurance contracts: CGU Insurance Ltd v Porthouse
- Creator
- Foster, Neil
- Relation
- Journal of Professional Negligence Vol. 24, Issue 4, p. 247-249
- Relation
- http://www.tottelpublishing.com/715/Tottel-Publishing-Journal-of-Professional-Negligence.html
- Publisher
- Tottel Publishing
- Resource Type
- journal article
- Date
- 2008
- Description
- Those who practice law professionally, especially as an advocate appearing before the court, can usually do so only if confident of their own abilities. But this case is a reminder that, as sure as one may be of the correctness of one's own view, it is unwise to exclude the possibility of error. The clause here required disclosure of a possibility (the High Court holds here, of the 'undemanding' nature of 'reasonably foreseeable' at common law, anything that is not 'far-fetched or fanciful'), and a possibility of not only a successful action, but merely an 'allegation'. Reasonable persons in the professional position of a barrister, the High Court tells us here, will be more than less expansive in the disclosure of such allegations when seeking insurance coverage.
- Subject
- insurance law; professional liability; duty of disclosure; CGU Insurance Ltd v Porthouse
- Identifier
- http://hdl.handle.net/1959.13/41581
- Identifier
- uon:4874
- Identifier
- ISSN:1746-6709
- Language
- eng
- Reviewed
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