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Aneco Reinsurance Underwriting Ltd -v- Johnson & Higgins

18th Oct 2001

[2000] Lloyd’s Rep IR 12; [2000] Lloyd’s Rep PN 1; [2000] 1 All ER (Comm) 129

Jonathan Gaisman Q.C. and Richard Southern – House of Lords – professional negligence, insurance broking, quantification of damages

Reinsurance – Insurance brokers – Non-disclosure and misrepresentations – Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters – Arbitrators held underwriters entitled to avoid cover on grounds of brokers’ misrepresentation and non-disclosure – Plaintiffs claimed damages from the brokers for breach of contractual duty and negligence – Whether brokers made fair presentation of risk and all material circumstances to underwriters – Measure of damages.

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