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Landmark decision on disclosure of Insurance Brokerage Commission

Edwards Wildman Palmer LLP
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Hong Kong
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January 30 2012

Over the years, there has been much debate that the practice of the insurance market in allowing an insurance broker (acting as the agent of the assured) to receive commission from the insurer may contravene the equitable principle that an agent cannot make a profit from his office without disclosing the profit to his principal (the assured

General counsel update: 28 February 2012

Herbert Smith Freehills LLP
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European Union, Hong Kong, Spain, United Kingdom
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February 28 2012

This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas

Insurance brokers entitled to receive commission payments

Freshfields Bruckhaus Deringer LLP
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Hong Kong
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January 20 2012

The Hong Kong Court of First Instance has upheld the long-established common law position that commissions paid by insurers to insurance brokers do not constitute an illegal secret profit unless it is in excess of what is normally paid within the insurance market

General counsel update: 31 May 2012

Herbert Smith Freehills LLP
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Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
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May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

Insurance brokers entitled to receive commission payments

Freshfields Bruckhaus Deringer LLP
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Hong Kong
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February 10 2012

The decision is a clear indication that insurance companies or agents may continue with the practice of commission payments, but should take the following steps in association with such payments

Court finds no employment contract between the applicant and the respondent

Mayer Brown LLP
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Hong Kong
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December 9 2010

EC insurers are invariably faced with claims where contractors claim to be employees so as to be entitled to employees' compensation

Unfair terms in consumer policies

Kennedys
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Hong Kong, United Kingdom
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November 2 2012

The High Court in England has recently held that a general condition in a property policy, requiring the policyholder to provide all written details and documents requested by the insurer if anything happened which might result in a claim, was not unfair under the Unfair Terms in Consumer Contracts Regulations 1999 ("the Regulations"

Failure by insurer to report termination of agent's appointment results in breach of duty

Mayer Brown LLP
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Hong Kong
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October 8 2012

In Dah Sing Insurance Service Ltd v Singh 2012 HKDC 575, the District Court found that Dah Sing breached its statutory duty and duty of care to its insurance agent for failing to report the termination of his appointment and his CPD credits

UK Supreme Court removes immunity for expert witnesses in litigation. Will Hong Kong follow suit?

Herbert Smith Freehills LLP
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Hong Kong, United Kingdom
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April 28 2011

The UK Supreme Court (the successor to the House of Lords) has, in Jones v Kaney 2011 UKSC 13 (Jones), abolished the long-standing immunity experts have enjoyed in respect of liability for negligence arising from giving or assisting with evidence in litigation

General counsel update

Herbert Smith Freehills LLP
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China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

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Search results

Landmark decision on disclosure of Insurance Brokerage Commission

General counsel update: 28 February 2012

Insurance brokers entitled to receive commission payments

General counsel update: 31 May 2012

Insurance brokers entitled to receive commission payments

Court finds no employment contract between the applicant and the respondent

Unfair terms in consumer policies

Failure by insurer to report termination of agent's appointment results in breach of duty

UK Supreme Court removes immunity for expert witnesses in litigation. Will Hong Kong follow suit?

General counsel update

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