Insurance alert

The High Court today handed down a unanimous decision (Gummow, Kirby, Heydon, Crennan and Kiefel JJ) which confirms that a known circumstance exclusion in a Barrister Professional Indemnity policy sets an objective standard, with the modification that the insured’s professional experience and the insured’s knowledge of facts and circumstances are imputed to “a reasonable person in the Insured’s professional position”. Kennedys acted for the successful insurer, CGU.