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octubre  23, 2021

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Does a broker owe a ‘duty to nanny’?

Por Simon Thomas and Dean De Cesare

The decision considered in detail a number of insurance concepts including non-disclosure, misrepresentation and inducement – with the specific findings being of relevance for both underwriters and brokers. However, whilst those issues were the subject of much scrutiny, the Court was clear to highlight that clear and unambiguous drafting is essential and, notwithstanding factors such as the factual matrix of a dispute and/or commercial considerations, the Courts will be slow to imply limitations or otherwise interfere with clauses which are, on their face, drafted clearly and unambiguously. Unsurprisingly, underwriters who provide cover where they have not fully read or understood the policy wording do so at their peril.

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