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LLR: Insurance & Reinsurance

ARBUTHNOTT AND OTHERS V FAGAN AND FELTRIM UNDERWRITING AGENCIES LTD AND OTHERS ARBUTHNOTT AND OTHERS V FAGAN AND FELTRIM UNDERWRITING AGENCIES LTD AND OTHERS DEENY AND OTHERS V GOODA WALKER LTD (IN VOLUNTARY LIQUIDATION) AND OTHERS HENDERSON AND OTHERS V MERRETT SYNDICATES LTD AND OTHERS

(1994) 3 Re LR 145

House of Lords

Before Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Browne-Wilkinson, Lord Mustill and Lord Nolan

Lloyd’s - Managing agents - Liability of managing agents to direct and indirect names - Whether law of tort imposed any duty of care upon managing agents not to cause purely economic loss to names - Effect of “absolute discretion” conferred upon managing agents under underwriting agency agreement - Whether managing agents owed names a fiduciary duty.

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