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Commission seeks input on reforming broker liability
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The Law Commissions of England and Wales and of Scotland are seeking views on whether section 53 of the Marine Insurance Act 1906 is still needed.
The commissions said they were considering reforms to bring the broker's liability into line with general law and to allow greater flexibility in contractual arrangements. In its current state, section 53 could in theory be applied to other forms of insurance.
In an written statement, the Law Commission said: "Section 53(1) was based on a custom designed to protect insurers from the risk of dealing with policyholders they did not know. However, it runs contrary to the normal rule of agency law
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