Marine insurance brokers and payment of premium

The Law Commissions' issues paper

Adebowale Awofeso

A Law Commissions consultation paper on broker’s liability was published in July 2010, seeking opinion as to whether s53 of the Marine Insurance Act 1906 is still needed in today’s insurance market and welcoming responses by 19 October 2010. The paper analyses the common law custom and fiction surrounding s53(1), the conflicting case law it has generated, and s53(2). The position outside of s53 is also examined, followed by the case for and against reform.