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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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