Article: M. Kratenko, O.-J. Luik, "Theoretical and Practical Problems of Obligatory Professional Liability Insurance: A Comparative Analysis on the Basis of the Russian and Estonian Laws", Journal of Foreign Legislation and Comparative Law 2020/5, pp. 81–94. DOI: 10.12737/jflcl.2020.043 (published 2020)
Co-author: Maksim Kratenko.
Topic
The article compares theoretical and practical problems of compulsory professional liability insurance in Estonia and another jurisdiction. Professional liability insurance protects clients and third parties where a professional (such as an attorney, notary, auditor or architect) breaches a professional duty and causes loss. Typical issues are the trigger (loss occurrence, act committed or claims made), the intent exclusion and its effect on the injured party, the adequacy of sums insured and the injured party's direct claim. The abstract could not be opened when this post was prepared, so the authors' conclusions are not reported in detail.
Relevance for insurers
In Estonia, compulsory liability insurance applies to several professions, and in compulsory insurance the injured party has a direct claim against the insurer (Law of Obligations Act (võlaõigusseadus, VÕS) § 521). The legal professions are examined further in Luik and Haavasalu's 2022 article.