Alexander Oddy, Partner, Herbert Smith
“The Mactavish report identifies a series of issues around the insurance placing process. What stands out is that these issues appear now to be taking place against a background of dynamically changing risk exposures within insurance buyers’ organisations. Under English insurance law the responsibility for making a fair presentation of the risk falls squarely on the insurance buyer. A failure to do so can put the entire insurance protection at risk. The ultimate objective for all parties in the insurance transaction - buyers, brokers and insurers - should be certainty as to the agreed risk transfer. That is the best way to avoid disputes which are costly, time consuming and serve none of their interests. If the Mactavish Protocols are adopted even in part then insurance buyers are likely to stand a better prospect of getting claims paid when they need it most - at the critical time of a major loss.”
