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Financial advisers’ duty of care lessons from Armitage v Church
  • Chapman Tripp
  • New Zealand
  • July 18 2011

Financial advisers can be more confident about what is expected of them in relation to their duty of care to clients as a result of the recent Armitage v Church case.

Duty of the broker to inform the insured of its disclosure obligations
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 27 2010

In the recent case of Nicholas G Jones v (1) Environcom Limited (2) Environcom England Limited and MS PLC ta Miles Smith Insurance Brokers 2010 EWHC 759 (Comm) Mr Justice David Steel restated the broker's duty to inform its client of its disclosure obligations.

Claims against insurance brokers
  • RPC
  • United Kingdom
  • November 27 2009

Last week's decision in Dunlop Haywards (DHL) Limited & Others v Barbon Insurance Group Limited & Others 2009 EWHC 2900 (Comm) provides useful guidance as to the relative duties of placing and producing brokers and the extent to which negligent brokers can rely upon contributory negligence by the insured.

UK insurance contract law reform: Lloyd'sInstitute of International Shipping & Trade Law Symposium
  • Locke Lord LLP
  • United Kingdom
  • July 3 2008

On 3 July 2008 Helen Clark attended the Institute of International Shipping & Trade Law Symposium on the prospective reform of marine and commercial insurance held at Lloyd's

The English High Court has ruled on the proper construction of a condition dealing with increase of risk
  • Locke Lord LLP
  • United Kingdom
  • March 7 2008

The issue in Qayyum Ansari v New India Assurance Limited 2008 EWHC 243 was whether, when a sprinkler system had been turned off prior to a fire, there had been a material change in cover in the facts stated in a proposal form so as to bring into effect a termination of cover.

Massachusetts High Court rules that an excess carrier is not bound by the primary carrier’s coverage determinations
  • Wiley Rein LLP
  • USA
  • September 20 2007

The Supreme Judicial Court of Massachusetts held in a case of first impression that a follow-form excess insurer is not bound by the primary insurer's coverage determination.

Practical restrictions on insurers' subrogation rights
  • Herbert Smith Freehills LLP
  • United Kingdom
  • March 12 2007

It is remarkable how a matter which might be considered to be of no more than academic interest can suddenly assume practical significance.

Insurance update
  • Mills & Reeve LLP
  • United Kingdom
  • February 14 2007

Following a sample audit of 3,000 files, Winterthur is likely to press ahead with more than 65,000 cases against law firms involved with The Accident Group (TAG).

Recent California appellate court decision provides new hope for insureds with environmental claims
  • Loeb & Loeb LLP
  • USA
  • January 5 2007

On December 28, 2006, the Court of Appeal of the State of California, Fourth Appellate District, Division Two, issued a significant decision in State of California v. Underwriters at Lloyd’s London et al., (“Lloyds”).