A professional indemnity policy did not indemnify the insured against any claim ‘arising from or in any way involving’ an act, error or omission committed prior to the retroactive date.
In the context the phrase ‘arising from’ was accepted by the parties to mean ‘proximately caused by’ or ‘directly caused by’.
The phrase ‘in any way involving’ was therefore held to mean something different, namely ‘directly or indirectly caused by’ the prior event. Read as a whole, the clause referred to a claim for liability caused directly or indirectly by any act, error or omission committed prior to the retroactive date and causation was a key element.
[This UK case is ARC Capital Partners Limited v Various Insurers]
