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BIBA 2011 - The law of agency / duty of disclosure panel discussion -- Part 1

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Uploaded by on Jul 5, 2011

During the case of Nicholas G Jones v Environcom Ltd and MS plc, trading as Miles Smith Insurance Brokers, the judge (Mr Justice David Steel) decreed that the broker had provided inadequate advice to its client about its duty to disclose material facts. The judge also emphasised that if a new person became responsible for insurance matters in the client organisation (as was the case at Environcom) the broker had a duty to ensure that the new person had the requisite understanding of the duty of disclosure. The judge ruled that the broker could not rely on standard form explanations in the various renewal documentation.
The panel will discuss the implications for brokers of this case and others and provide opportunities for brokers to update themselves on the levels of disclosure advice now required.

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