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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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