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23 April 2010
Issue: 7414 / Categories: Case law , Law digest
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Insurance

Jones v Environcom Ltd and another. MS PLC t/a Miles Smith Insurance Brokers, third party, [2010] EWHC 759 (Comm), [2010] All ER (D) 76 (Apr)

A broker had to take reasonable steps to ensure that a proposed policy was suitable for the insured’s needs.

By definition a policy which was voidable for non-disclosure was not suitable. In order to ensure a policy was suitable, a broker had an obligation to advise the insured of the duty to disclose all material circumstances and the consequences of not doing so, he had to indicate the sort of matters which ought to be disclosed as being material and had to take reasonable care to elicit matters which ought to be disclosed but which the insured might not think necessary to mention. In order to discharge the duty to disclose, it was not sufficient to rely upon written standard form explanations and warnings annexed to proposals or policy documents. The broker had to satisfy himself that the position was in fact understood by the insured and that would usually require a specific oral or written exchange on the topic, both at the time

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

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

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

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
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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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