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Research article: PI insurance for the legal professions

Contents

Article (in Estonian): O.-J. Luik, K. Haavasalu, "Õigusvaldkonna ametikindlustuse probleemid Eestis" (Problems of professional liability insurance in the Estonian legal sector), Juridica 2022/7, pp. 517–528. Article page on Juridica (published 2022)

Co-author: Karl Haavasalu.

Research question

Why do the legal professions need professional indemnity insurance, and how does it work in Estonian law? Compulsory liability insurance applies to advocates (attorneys), notaries, trustees in bankruptcy and bailiffs.

Main arguments

The authors distinguish general liability insurance from professional indemnity and analyse two difficult issues: how to define the insured event for these professions and how to treat intentionally caused loss. They also consider the consequences where compulsory cover is missing. Their overall conclusion is that the regime is fragmented: the statutes do not define the insured event consistently and the minimum sums insured do not always match the value of the transactions involved.

Relevance for insurers

For PI underwriters and claims handlers, trigger wording and the intent exclusion are the key pressure points. The Estonian Supreme Court revisited intentional loss in 2025; an updated English analysis is in Professional indemnity for lawyers, notaries and trustees in Estonia.