Professional Indemnity Insurance for Insolvency Practitioners
Professional indemnity insurance for insolvency practitioners addresses the risks faced by liquidators and trustees of insolvent estates who perform court-appointed and statutory roles that carry significant professional and fiduciary responsibilities. These appointments expose practitioners to complex legal, regulatory, and financial risks that require careful risk management.
Shackleton Risk Management assists insolvency practitioners in arranging professional indemnity and related liability insurance solutions designed to address these exposures, subject to insurer underwriting and policy terms.
Who This Cover Is For
This professional indemnity insurance for insolvency practitioners is intended for professionals who perform court-appointed, statutory, and fiduciary roles in the administration of insolvent estates. It is structured for indemnity insolvency professionals whose duties involve legal, financial, and regulatory accountability in formal insolvency appointments.
The cover is typically suitable for:
- Liquidators appointed to administer company liquidations
- Trustees of insolvent estates handling estate administration and distributions
- Court-appointed insolvency practitioners acting under statutory authority
- Insolvency practices managing section 70, section 394, or similar trust accounts
It is designed for practitioners whose work exposes them to claims arising from alleged negligent acts, errors, omissions, or fiduciary breaches in the execution of insolvency duties, with insolvency indemnity insurance provided subject to underwriting acceptance and policy terms.
Insurance for Court-Appointed and Insolvency Roles
Professional indemnity insurance for insolvency practitioners is structured to respond, subject to policy terms, conditions, exclusions, and limits, to civil liability arising from the performance of professional duties as a liquidator, trustee of an insolvent estate, or related insolvency appointment.
Cover is typically arranged on a claims-made basis and may include a combination of the following core sections, each subject to its own terms, conditions, limits, and excesses:
- Professional Indemnity
- Fidelity Guarantee
- Misappropriation of Trust Funds
Eligibility for cover is determined by the nature of the practitioner’s activities and appointments, together with underwriting acceptance, rather than by title alone.
Professional Indemnity Cover
Professional Indemnity insurance for insolvency practitioners is designed to respond, subject to the policy wording, to actual or alleged negligent acts, errors, or omissions committed in the execution of professional insolvency duties. This may include associated legal defence costs and expenses, where applicable.
Depending on the practitioner’s activities and underwriting acceptance, a range of optional extensions may be available, including:
- Claims preparation costs
- Defamation
- Defence costs for appearances before statutory or regulatory bodies
- Liability following employee dishonesty
- Loss of documents
- Sub-contractors and correspondents
Availability of extensions is subject to insurer underwriting, policy terms, conditions, and applicable sub-limits.
Fidelity Guarantee Insurance
Fidelity Guarantee insurance is designed to respond, subject to policy terms and conditions, to direct financial losses suffered by the insured arising from acts of fraud, theft, or dishonesty committed by an employee during the course of their employment.
This section of cover is typically arranged to complement professional indemnity insurance by addressing internal dishonesty risks that may arise within an insolvency practice.
Misappropriation of Trust Funds (MOTF)
Misappropriation of Trust Funds insurance is designed to respond, subject to exclusions and conditions, where a third party brings a claim against an insolvency practice arising from the theft or misappropriation of money or property held in trust in relation to an insolvent estate. This may include funds held in statutory trust accounts, such as section 70 or section 394 accounts, where applicable.
MOTF cover may be structured in one of the following ways, subject to underwriting acceptance:
- Blanket Basis – Cover for all employees within the practice.
- Named Positions Basis – Cover limited to specific roles, such as bookkeeping or finance positions.
- Named Persons Basis – Cover limited to specific named individuals.
All MOTF cover is subject to insurer underwriting, policy terms, conditions, exclusions, and applicable limits.
How Shackleton Risk Can Assist
Shackleton Risk Management acts as a licensed financial services provider and insurance broker, assisting insolvency practitioners in arranging appropriate insurance solutions that reflect the nature of their appointments, regulatory obligations, and professional risk exposure. Our role is to provide clarity and guidance in a complex insurance environment by advising on suitable cover structures, including insolvency cover, and facilitating access to specialist insurers, subject to underwriting criteria and policy terms.
For more information on professional indemnity insurance for insolvency practitioners, or to discuss suitable cover options, please contact your broker.
Les-Lee Peens
- Cell: 078 677 3452
- Tel: 021 422 4191
- Email: Les-Lee
P@srisk.co.za
Suzan Amando
- Tel: 011 784 5373
- Cell: 066 479 3194
- Email: SuzanA@srisk.co.za
Jason Labuschagne
- Cell: 073 136 7628
- Tel: 012 343 1865
- Email: JasonL@srisk.co.za
Janine Gray
- Cell: 084 407 5431
- Tel: 041 365 6015
- Email: JanineG@srisk.co.za
Fearne Gilson
- Tel: 083 388 3800
- Email: Fearne
G@srisk.co.za
Professional Indemnity Insurance Frequently Asked Questions
It responds, subject to policy terms, to civil liability arising from alleged negligent acts, errors, or omissions in the execution of insolvency duties, including legal defence costs where applicable.