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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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Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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