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18 January 2007 / Ross Risby
Issue: 7256 / Categories: Features , Insurance / reinsurance
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Broker duties

Ross Risby explains why and when courts are willing to widen a broker’s duty

The regulatory microscope has recently been turned on the broking community by the Governor of New York, Eliot Spitzer, in the US and the Financial Services Authority in the UK, where the focus has included a review of the transparency of broking practices. Outside the regulatory field, how have brokers fared in the courts?

HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd [2006] EWHC 485 (Comm), [2006] All ER (D) 209 (Mar) formed part of the long-running film finance litigation, and was a spin-off of the HIH and New Hampshire litigation (see HIH Casualty and General Insurance Ltd v New Hampshire Insurance Co [2001] EWCA Civ 735, [2001] 2 All ER (Comm) 39).
HIH Casualty and General Insurance Ltd (HIH) insured various film production companies. New Hampshire Insurance Co (New Hampshire) reinsured the risks on a back-to-back basis. There was a warranty in the original and reinsurance policies concerning the number of films to be made. When the insured failed to make the requisite number of films, New Hampshire

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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