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Duty of care owed by sub-brokers
English law has yet to give a definitive answer on the question of whether a placing broker who has no contractual relationship with the assured owes a duty of care to the assured in the placement of the risk, or whether liability is borne entirely..
Online Published Date:
01 September 2006
Appeared in issue:
Vol 18 No 9 - 01 September 2006
Obligations under a settlement agreement
Once the assured has been indemnified, the insurers have subrogation rights against any third party liable to the assured for his loss. Subrogation operates automatically. On occasion, however, the settlement agreement between assured and insurers..
Online Published Date:
01 September 2006
Appeared in issue:
Vol 18 No 9 - 01 September 2006
Settlements induced by error
In
Kyle Bay Ltd v Certain Lloyd’s Underwriters [2006] EWHC 607 (Comm) the assured compromised a claim under a business interruption policy, by entering into a final settlement. The assured then sought to argue that parties had been in error..
Online Published Date:
01 September 2006
Appeared in issue:
Vol 18 No 9 - 01 September 2006
Declaratory relief
Sun Alliance & London Insurance plc v PT Asuransri Dayan Mitra TBK, The No 1 Dae Bu [2006] EWHC 812 (Comm) illustrates the obvious proposition that if a policy is governed by English law and is subject to the exclusive jurisdiction of the..
Online Published Date:
01 September 2006
Appeared in issue:
Vol 18 No 9 - 01 September 2006
Crewing warranty
In
GE Frankona Reinsurance Ltd v CMM Trust No 1400, The Newfoundland Explorer [2006] EWHC 429 (Admin) Gross J was required to construe a marine warranty under which the assured warranted that the vessel was ‘fully crewed at all times’...
Online Published Date:
01 September 2006
Appeared in issue:
Vol 18 No 9 - 01 September 2006