CGPA Europe created a case law database, dedicated to claims related to the professional indemnity of insurance intermediaries in a selection of countries: Italy, Spain, Germany, Belgium, the United Kingdom, Ireland and France.

Opinion of the General Directorate of Insurance and Pension Funds (DGSFP) 14/20192.

Palermo High Court, Decision no. 1676/2021, 19 April 2021.

Liege Court of Appeal (3rd Chamber), 16 December 2020

Decision by the Financial Services and Pensions Ombudsman (FSPO) – 2020-0159

ABN Amro Bank N.V v Royal & Sun Alliance Insurance Plc & 14 Ors. 26 February 2021

BGH, (III ZR 244/18), 21st November 2019

Regional Court Munich 1, 04.02.2020 – 33 O 3124/19, BVK vs. Check24

Since 1923, section 48b of the German Insurance Supervision Act (VAG) prohibited insurance intermediaries from sharing commissions with their customers. Germany is one of the few European Union Member States to impose such a ban, which has generated litigation that will have significant impact on the commercial practices of the profession.

Mons Court of Appeal, 24 May 2019

Brokers make up the majority of insurance intermediaries in the Belgian market. They have a wide duty to their clients in the provision of advice, caution and verification. However, this decision underscores the fact that their duty to inform and advise is not unlimited.

Court of Cassation, 13 June 2019

Dublin High Court – 3 April 2020

Milan Court of First Instance, Decision No. 4340, 7 May 2019

The Spanish personal data protection agency (AEPD) has reminded intermediaries of the importance of adopting clear policies on personal data protection – Proceeding No.: PS/00403/2018

S. No. 293/2019 I.P.J. No. 39 (office) of 25 November 2019

High Court of Justice, O’Donoghue v. Office of the Financial Services and Pensions Ombudsman [2018] IEHC 581 – an ombudsman unsympathetic to intermediaries?

Underwriting Group Limited – 2016: An “active” duty to advise that meets the needs expressed by the insured and in respect of his personal situation

Ch. Liège, 4 March 2015: Verification of the insured’s declarations

Mons Court of Appeal, 2 February 2010: Verification of the insured’s declarations

Court of Cassation, First Civil Chamber, 24 October 2018, 16-16743, judicial liquidation of a broker and removal from the single register (orias): what impact on the remuneration of intermediaries?

Court of Cassation, Second Civil Chamber, 3 May 2018, No. 14-15044, “Our body”, the duty of a broker acting under a contract of underwriting delegation to provide a warning

Supreme Court, Second Civil Chamber, 24 March 2016: An “active” duty to advise that meets the needs expressed by the insured and in respect of his personal situation

Frankfurt Administrative Court – 7 L 3307/18.F – 28 September 2018 (“GoNetto”): sharing commissions with insureds: what rights for digital brokers?

Hamburg Regional High Court – 27 September 2018 – 1 U 2/18, DO intermediaries have a duty to monitor the insured’s situation annually?

Higher Regional Court Dusseldorf, 10 March 2017: declaration of risk

Valencia Territorial Court, judgment of 30 October 2018: the insurer held liable for embezzlement by an employee of its single-tied agent

29 November 2007, Verification of the insured’s declarations and the situation of the insurance company issuing the policy

Supreme Court, July 2007: Litigation relating to the status of intermediaries

Decision of the Venice Court of Appeal: Decision No. 3509 of 20 December 2018, duty of the intermediary to advise and the insured’s obligation to disclose the risk: who is liable?

Court of Cassation, 15 February 2018: theory of apparent authority

Dalamd Limited v. Butterworth Spengler, Commercial Court, October 2018: the court emphasises the subsidiary nature of the broker’s liability

Avondale Exhibitions v. Arthur J Gallagher Insurance Brokers, High Court of England and Wales, 31 May 2018, the intermediary faces the delicate issue of determining what information must be provided by the insured when submitting a risk for insurance

2017, clerical errors

Jones v. Environcom, 2010: duty to advise and declaration of risk