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Leggett & Ors v American International Group UK Ltd (Rev1) [2025] EWHC 278 (Comm) (12 February 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

This case concerns whether American International Group UK Ltd (AIG) must indemnify 41 claimants under a professional indemnity insurance policy for judgments obtained against Giambrone Law LLP (in liquidation) ("the LLP"). The claimants seek payment of damages awarded for losses related to negligent legal services in off-plan property purchases in Italy. AIG denies liability, arguing the LLP’s liabilities arose from a transfer of the prior firm’s liabilities and not from the LLP’s own legal services, thus falling outside the policy coverage. The court is addressing a preliminary issue on AIG’s indemnity obligations under the policy.

Sanctions Highlights

  • No direct sanctions imposed on parties in this litigation.
  • However, the case implicates cross-jurisdictional legal risks involving UK-based insurer AIG and claimants linked to investments in Italy, with potential indirect exposure to sanctions regimes affecting financial flows.
  • The policy’s interpretation could influence insurer liability in contexts where successor entities inherit liabilities, relevant to sanctioned entities’ insurance claims.

Emerging Risks

  • Ambiguity in insurance coverage for successor legal entities may increase litigation risk for insurers and insureds in professional indemnity claims.
  • Potential erosion of policy limits due to aggregation of claims, as AIG asserts the £3m limit has been exhausted.
  • Risk of precedent affecting claims involving cross-border real estate investments and insolvency of legal practices.
  • Possible regulatory scrutiny if policy terms fail to meet Solicitors Regulation Authority (SRA) minimum requirements.

Geopolitical Impact

  • UK legal and insurance sectors face reputational and operational risks due to high-profile litigation involving professional indemnity in cross-border property investments.
  • The case indirectly touches on Kuwait and Lebanon through claimant nationalities and investment origins, highlighting complexities in international legal claims and insurance coverage.
  • UK courts’ interpretation of insurance policy obligations may influence foreign investors’ confidence in UK legal and financial services.

Economic Intelligence

  • The judgment involves damages totaling approximately €3.47 million plus additional GBP and USD sums, reflecting significant financial exposure for AIG.
  • Insolvency of the LLP leaves claimants reliant on insurer indemnity, stressing the importance of clear policy coverage in professional liability insurance.
  • The outcome may affect underwriting practices and premiums for professional indemnity insurance in the UK legal sector.
  • Potential financial impact on AIG’s reserves and claims handling processes if liability is confirmed.

Strategic Recommendations

  • Insurers should review policy wordings regarding successor practices and liability transfers to mitigate coverage disputes.
  • Legal firms must ensure compliance with SRA minimum terms to avoid coverage gaps.
  • Claimants and insurers should consider early dispute resolution mechanisms to limit protracted litigation costs.
  • Monitor related cases for evolving judicial interpretation of professional indemnity coverage in successor entity contexts.
  • Stakeholders should assess geopolitical and cross-border investment risks when underwriting or litigating professional indemnity claims.

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**Source Notes:** Leggett & Ors v American International Group UK Ltd [2025] EWHC 278 (Comm)

https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/278.txt

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