In HIH v. JLT Risk Solutions Ltd., [2006] EWHC 485 (Comm. Mar. 15, 2006) the High Court discussed circumstances under which a broker owes an insured a duty to advise it of facts material to the risk which occur after the placement of the insurance.
UK Court Opinions
UK – duty of sub-broker to an insured
In BP PLC v. AON Limited, [2006] EWHC 424 (Comm. Mar. 12, 2006), the UK High Court of Justice discussed the circumstances under which a sub-broker owes a duty of care to the insured in the declaration of projects to effect insurance under an open cover arrangement.
UK – Lloyd’s underwriters have right to documents
The UK Court of Appeal has held that a Llloyd's underwriter who returned to their insured's broker all of the documents shown to them in the placing of reinsurance and making claims have a right to view those documents when needed, despite the lack of contractual privity between them. Goshawk Dedicated Ltd. v. Tsyler & Co., [2006] EWCA Civ 54 (Feb. 7, 2006).
UK – Lloyd's underwriters have right to documents
The UK Court of Appeal has held that a Llloyd's underwriter who returned to their insured's broker all of the documents shown to them in the placing of reinsurance and making claims have a right to view those documents when needed, despite the lack of contractual privity between them. Goshawk Dedicated Ltd. v. Tsyler & Co., [2006] EWCA Civ 54 (Feb. 7, 2006).
UK – Duty to disclose, misrepresentation and avoidance of reinsurance
The London Personal Accident Reinsurance market experienced underwriting difficulties and spirals in the latter half of the 1990s. In an extensive opinion, a UK Commercial Court judge found that problems in this market were caused largely by undisclosed gross loss making underwriting, in which the reinsurance brokers had a prominent role. Sphere Drake Insurance Limited v. Euro International Underwriting Limited, Stirling Cooke Brown Reinsurance Brokers Limited, et al., 2003 EWHC 1636 (High Court of Justice, Queens Bench Division Commercial Court July 8, 2003).