Aggregation is the mechanism that decides whether several professional indemnity claims are treated as one for the purposes of the limit of indemnity and the self-insured excess. The words used to trigger aggregation vary from policy to policy, and the case law shows they differ significantly in width. Understanding where your wording sits on that spectrum is central to knowing what your cover really provides.
An "event" or "occurrence" wording requires something happening at a particular time, place and in a particular way. The courts apply the unities of cause, locality, time and intent. Separate professional errors made for different clients at different times will rarely aggregate. This reading comes from decisions such as Lloyds TSB v Lloyds Bank, Municipal Mutual v Sea Insurance and Scott v Copenhagen Re.
The Solicitors Regulation Authority Minimum Terms use "similar acts or omissions in a series of related matters or transactions". In AIG Europe v Woodman the Supreme Court held that the acts must be similar and the underlying matters must be genuinely related — connected, fitting together — before claims aggregate. This is wider than "event" but not unlimited.
Wordings that aggregate claims "consequent on or attributable to one source or original cause" reach furthest. As Standard Life v Ace European and Spire Healthcare v RSA show, this can gather scattered losses that share a common origin, even where the individual claims look quite different.
A wider wording aggregates more readily. That reduces the number of excesses payable, which helps the insured, but it also consolidates more claims against a single limit, which can hurt. A narrower wording does the reverse. Neither is automatically preferable — the right answer depends on the limit structure and the kind of error a firm is realistically exposed to.
The comparison is not academic. Firms reviewing solicitors' PI insurance live with the Minimum Terms wording, while surveyors and other professions may see any of the three families depending on the insurer. Apex reads the aggregating words alongside a firm's actual work when arranging cover.
Before renewal, it is worth confirming three things about your aggregation clause:
Those three points together, not the wording alone, determine what your cover pays.
Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number 724952. This entry is general information, not advice on any particular policy.