The Court held that a director of an insured building company is an 'Insured' under a design and construction professional indemnity policy even where not named in the Certificate of Insurance, based on the structure of the proposal forms and the definition of 'Insured' in the policy terms. However, the third-party claim for indemnity was dismissed on two independent grounds. First, no 'Claim' was first made against the director within the Period of Insurance of either policy, and the aggregation/'single Claim' provision cannot be used to deem a claim made years after the policy period expired as having been made within it — such a construction would defeat the commercial purpose of claims-made-and-notified policies. Second, the director's strict statutory liability under s 137F(3) of the Building Act 1993 (Vic), which arose solely from his status as an officer of the builder when statutory warranties were breached by the use of non-compliant cladding, was not civil liability 'incurred in the conduct of the Professional Business'; the statutory cause of action was directed at what was built (installation/use), not what was designed or recommended, and fell within the policy's exclusion for construction-related activities undertaken solely as a building contractor.
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