ANECO REINSURANCE UNDERWRITING LTD v JOHNSON & HIGGINS LTD

[2000] Lloyd's Rep PN 1

COURT OF APPEAL

Before Lord Justice Evans, Lord Justice Aldous and Lord Justice Ward

Insurance brokers - Reinsurance market - Brokers placing reinsurance with claimant on behalf of Lloyd’s syndicates - Brokers also acting for claimant in obtaining six layers of additional excess loss cover for the claimant in the reinsurance market - Cover avoided for non-disclosure and misrepresentation of the risk - Damages - Whether claimant could have obtained cover at all in the market with fair presentation of risk - Scope of the broker’s duty of care to the claimant - Whether extended not only to the value of the cover but also to the consequential losses incurred by the claimant on the original contract of reinsurance.