Passing on information

It is settled law that the duties of a broker do not come to an end when the risk is placed, and that a broker remains under an obligation to represent the assured’s interests during the currency of the policy. If, therefore, the assured requests the broker to pass on information to the assured which may affect cover under the policy, the broker must do so. That principle was not disputed in Yechiel v Kerry London Ltd [2010] EWHC 215 (Comm). The issue was whether the information had been communicated to the broker in the first place. Jonathan Hirst QC, sitting as a Deputy High Court Judge, found that it had not.

Yechiel: the policy

The assured, Mr Yechiel, obtained a ‘Tapestry’ policy from Norwich Union, for the year running from 24 June 2004. The policy covered all risks of loss of or damage to personal belongings at the assured’s address and while temporarily removed elsewhere in the world. The policy schedule identified 23 items of jewellery, and items 12 to 23 were stated as being ‘kept in Bank’. The policy itself provided as follows with respect to personal belongings: