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Policies and Perceptions of Insurance Law in the Twenty-First Century$
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Malcolm Clarke

Print publication date: 2005

Print ISBN-13: 9780199273300

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199273300.001.0001

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Insurance Intermediaries 1

Insurance Intermediaries 1

Chapter:
(p.57) 3 Insurance Intermediaries1
Source:
Policies and Perceptions of Insurance Law in the Twenty-First Century
Author(s):

MALCOLM CLARKE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199273300.003.0003

When claiming for clients, independents owe no duty to insurers except, of course, a duty not to be fraudulent and, possibly, a duty not to make careless misstatements actionable in tort. On the one hand, the reliance placed in practice by some insurers on some independents may be used to argue that independents owe a duty to insurers actionable in tort. On the other hand, if their profession is really threatened with partial extinction, as some people have asserted, perhaps a court would hold that a tort duty would not be ‘fair and reasonable’.

Keywords:   insurance intermediaries, independents, tort, misstatement, clients, contract, liability

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