Appeal succeeds in Lawcover indemnity dispute with entrepeneurial solicitor

I posted about Swart v Carr here and here.  It is a decision about whether a solicitor’s liability for certain entrepeneurial activities undertaken by him ‘was incurred “in connection with” “the business of practising as a solicitor”.  The trial judge answered affirmatively.  Now Justice Palmer’s decision has been reversed by the New South Wales Court of Appeal, in a decision about which professional indemnity insurers of lawyers will be relieved: Carr v Swart [2007] NSWCA 337.

On the way through, the solicitor served a creditor’s statutory demand on Lawcover, and Lawcover succeeded in having it set aside. The decision ([2007] NSWSC 306) might conceivably be a useful illustration of the nature of the rights and obligations of a claimant, insured and insurer, but I have not read it.

See also:

Print Friendly, PDF & Email

Leave a Reply

Your email address will not be published. Required fields are marked *