Insurance Broking Practice and the Law
We have already seen that at placement, the broker is under a duty to ensure that the insured is properly covered.1 To discharge this duty the broker will need to make sure, amongst other things, that the insured has insurance cover in place for the period necessary to cover the risk in question. While the most likely cause of a breach of that duty is a failure to ensure that the cover incepts in time to cover a loss or claim, the broker needs to be equally wary of his potential exposure should cover terminate before a loss occurs or a claim is made. Errors may occur for various reasons but they most commonly stem from:
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