In insurance law
, a QC clause
is a clause in an insurance policy
(usually but not exclusively a professional indemnity insurance policy) that provides that an action against the insured is not to be contested unless a Queen's Counsel
(or QC) advises that the defence has a reasonable prospect of success. The principal reason for such clauses is to minimise conflict between the insured and the insurer. The insurer will often wish to settle claims as quickly and cheaply as possible, but the insured may be concerned that paying on a claim implies negligence
which will damage their professional reputation, and want to contest the claim regardless. Professional indemnity policies commonly provide that the insurer will pay the legal costs of the defence. It is sometimes suggested that the clause is also designed to protect the public from the unjustified contesting of claims which have no real defence, but this may represent a charitable view of the way insurance companies conduct claims.
Conflicts between the insurer and insured can put a solicitor
who represents both in an individious position, particularly where the solicitor has received confidential information from one party, and may result in multiplicity of legal representation. In practice however, there is an enormous reluctance to invoke such clauses, partly because of the expense of instructing Queen's Counsel to advise, and partly because of the insurer's need to maintain good relations with the insured.
Although... Read More