header-logo header-logo

23 April 2010
Issue: 7414 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll