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Difficult-risk PII

PI insurance for UK firms with prior claims — a specialist broker's guide

Reviewed by Matthew Bartlett, Director, Apex Insurance Brokers Limited · Published 14 July 2026

A prior claim or notification on the record does not close the PI market to your firm. It changes which insurers will look, how the presentation is drafted, and how the cover is structured. This page sets out what specialist brokers do when a professional firm needs PI cover and has a claims history — and how Apex approaches these placements.

Why prior claims change the placement

PI insurers use claims history as their single most important predictor of future losses. A firm with a paid claim or a live notification is not automatically declined — but the placement moves from a template-quote exercise to a structured underwriting conversation.

The three factors insurers weigh: quantum (paid, reserved, and worst-case exposure), root cause (isolated error vs systemic weakness), and remediation (what the firm has changed since).

The insurer market for prior-claims risk

Not every PI insurer will look at adverse-history business. Direct-to-consumer platforms typically decline once a prior-claim disclosure is triggered. Scheme brokers may be blocked by the scheme wording.

Specialist brokers with wholesale Lloyd's access have a materially wider market. Apex places into Lloyd's syndicates that specialise in difficult-risk professional PI, alongside company-market insurers with an appetite for restructured accounts.

What we typically test. Lloyd's syndicates with a PI facility, specialist company-market carriers (RSA, AXA XL, Zurich, QBE, Beazley, Chubb where appetite exists), any incumbent insurer willing to remarket. We do not disclose insurer names publicly — the specific placement is confidential.

How the presentation is built

Fair-presentation duty under the Insurance Act 2015 is not optional. Understating or omitting a prior claim risks the entire cover.

  1. Full claims bordereau — every notification and claim in the last 5-10 years, with quantum and status.
  2. Root-cause analysis — what went wrong, why, whether systemic.
  3. Remediation narrative — supervision, training, file-review, IT changes, personnel changes.
  4. Financial resilience — how the firm is capitalised against a worst-case aggregation.
  5. Compliance profile — SMCR, Consumer Duty, complaints record, any regulator engagement.

The stronger the remediation narrative, the more competitive the terms. Some claims — a single missed limitation date, corrected process, no repeat — are less concerning to underwriters than a pattern of similar errors.

Structure and cover options

Terms for a prior-claims risk typically include one or more of: increased excess, claims-specific exclusion for the ongoing matter, reduced aggregate, notification-condition tightening, or staged reinstatement as the run-off risk crystallises.

The client's regulator may set the floor. SRA-regulated firms need Minimum Terms & Conditions-compliant cover; the SRA MTC restricts what an insurer can exclude. Same principle for ARB, ICAEW DPB, RICS, FCA and other statutory floors.

Pricing reality — expectation setting

There is no scale-neutral rule that says ‘prior claim = X% loading’. A modest single-claim history with clean remediation may add 15-30% to a clean-market renewal. A recent large loss with poor remediation may double or triple the premium, and some markets will decline.

The Apex approach is to run the market properly and quote what it costs — not to promise a price we cannot deliver. Where the market is genuinely limited we say so and offer the client the best available structure.

What we ask of the client

  1. Complete disclosure — no surprises after binding.
  2. Time to run the market — adverse-history placements take longer than clean renewals.
  3. A cover-limit calibration conversation — the mandatory statutory limit may not be enough where the client's exposure has changed.
  4. Willingness to share the remediation story — sanitised, but honest.

Frequently asked

Can I still get PI insurance if I have had a claim paid out?
Yes, in most cases. The market is smaller and the pricing reflects the risk. Specialist brokers with wholesale market access, including Lloyd's syndicate reach, materially widen the options. Direct platforms and scheme routes often decline once a prior claim is disclosed.
Do I have to disclose a notified circumstance even if no claim has been made?
Yes. Fair-presentation duty under the Insurance Act 2015 requires disclosure of every notification of circumstance that could reasonably give rise to a claim. Omission risks the entire cover on any related loss. Your specialist broker will help you structure the disclosure clearly.
How long does a prior claim stay on the record?
Insurers ask about a claims history typically spanning 5 or 10 years. SRA MTC-compliant proposals ask specifically about SRA-relevant activity. A long clean run after the notification is a positive underwriting signal.
Will an insurer exclude the specific ongoing claim?
Sometimes. A live claim already notified to the previous insurer is typically ring-fenced with the prior policy under the notification rule. A new insurer will exclude any acts already notified. This is standard, not a punishment.
What does 'staged reinstatement' mean in this context?
Some insurers offer a lower aggregate at inception with an option to buy up as the prior claim closes out. This lets the client hold reasonable cover without paying for full aggregate over a risk the market discounts against. Not every insurer offers this — Apex tests for it.
What if my incumbent insurer offers a big renewal increase because of the claim?
Do not accept the incumbent quote without remarketing. A specialist broker with wholesale access will often bring a better structure or better price. Even if the incumbent wins, running the market documents the fair-value assessment under Consumer Duty.
Can I run off a firm that had a claim and start a new one?
Yes, and it is a common structure. The old firm carries run-off cover for the prior acts; the new firm carries fresh cover for new work. The devil is in the detail — successor-practice provisions, run-off length required by the regulator, and the price of run-off itself.
Should I use a scheme broker or a specialist broker for a prior-claims placement?
Scheme brokers work within the scheme wording. Specialist brokers with wholesale market access can typically reach more insurers and structure the placement more flexibly. Where the scheme insurer declines, a specialist broker is often the only route to cover.

Related reading

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How these figures are produced

This guide is built from Apex's own market data: the premiums insurers have actually quoted and charged on professional indemnity risks we have handled. Each night that data is aggregated into anonymised rate bands by profession, fee income and limit of indemnity. No client information is published — a band only appears where it contains at least five separate records, and unusually high premiums are excluded so a single atypical risk cannot distort the guide.

The range shown spans the typical spread of recent market outcomes for similar risks. Individual quotes can fall outside it in either direction. Figures exclude insurance premium tax at 12%.

This calculator is not a quote and is not an offer of insurance or advice. Your actual premium depends on full underwriting of your business, including your activities, claims record and insurer appetite at the time.

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