Insurance Brokers

Back to Professional Negligence

Our dedicated brokers’ professional indemnity team has extensive experience and unparalleled expertise in acting for, advising and defending domestic and international brokers and their insurers. Our track record includes many of the landmark brokers’ claims and we are consistently praised by our clients for the quality of service, our commercial and legal expertise and the care that our team provides.

Our expertise extends beyond professional negligence issues to include advising on the full range of legal issues faced by brokers including corporate, regulatory, employee benefits, employment, tax and general commercial issues.

A number of our brokers’ team have worked at insurance broking houses and so have first-hand understanding of the business of insurance broking and the issues that brokers face. The brokers’ team has both the legal expertise and the industry knowledge to deliver cost effective commercial solutions and we are continuously at the forefront of advising on brokers’ concerns.

Our geographical spread allows us to provide a seamless service across over 40 jurisdictions, ensuring flexible and cost effective solutions and providing a competitive edge against niche insurance practices.

We are the authors of the leading legal textbook on this area, Insurance Broking Practice and the Law.

Dispute resolution: We help our clients avoid litigation and provide expert advice to resolve disputes where possible. Our advice is clear, commercial and conscious of reputational risk. We will vigorously defend unmeritorious claims.

Full Service: As a full-service firm, we work closely with colleagues  to provide comprehensive advice focused on achieving the best outcome.  

For more information and detailed credentials, contact the Partner team, details above.

19/05/2023
Ten things every insurer should know
The insurance industry is a major component of the global economy, operating internationally, to protect people and businesses against a wide range of risks. Establishing and operating an insurance business is highly regulated, and the complexity of
23/03/2022
CMS Expert Guide to European class actions
 Class actions have been on the rise in Europe for a number of years, but the rate is ac­cel­er­at­ing. New procedural devices intended to better fa­cil­it­ate col­lect­ive redress continue to be in­tro­duced. Of­ten these mechanisms operate on an opt-in basis,
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20/06/2024
SFO’s Strategy for 2024-2029 – New Emphasis for the SFO
The UK’s Serious Fraud Office (SFO) has unveiled its strategy for 2024-2029.  The Strategy reads rather more clearly and concisely than many corporate vis­ion-state­ments of this sort, perhaps reflecting...
13/06/2024
UK Government publishes key updates to NSI Act guidance
Overview of the key updates  On 21 May 2024 the UK Government published updated guidance on the scope and application of the UK National Security and Investment Act (NSIA).  The changes respond to some...
13/06/2024
What’s in a name? The use of a product code in a clinical trial protocol...
The use of product or sponsor codes in clinical trial related documents is common practice in the pharmaceutical space. However, such codes may not always be sufficient to disregard a publication as relevant...
12/06/2024
Are Professional Indemnity Claims getting harder and more expensive to...
 Our annual Professional Indemnity Seminar for insurance professionals is taking place on Wednesday 12 June 2024. This year we will be considering whether Professional Indemnity claims are becoming harder and more expensive to defend and, if they are, what steps Insurers and Insureds can take to mitigate against this. There will be a number of short presentations from CMS partners and associates on what we consider are the key factors that are impacting the defence of Professional Indemnity Claims, including:The Court’s approach to case management and pre-action con­duct­Man­age­ment of claims against multiple insured partiesIssues in defending insolvent insuredsEnhanced claimant rights - Building Safety ActDevelopments in the recovery of costsPlease register by clicking the button below, and feel free to forward this invitation to colleagues who may find this of interest.
11/06/2024
Current floods in the south of Brazil: a quick overview of the largest...
Torrential rain in the very south of Brazil since the end of April 2024 has caused massive flooding across hundreds of cities in the state of Rio Grande do Sul.  In terms of affected area and economic...
10/06/2024
Financial Services Webinars On Demand
View recordings of CMS financial services webinars available on demand.Webinars are a convenient way to stay informed and hear from our legal ex­perts. We­binars On Demandmedium
10/06/2024
ESMA issues first formal guidance on use of AI in retail financial services
The European Securities and Markets Authority (ESMA) recently released a public statement on the use of artificial intelligence (AI) in the provision of retail investment services. The statement provides...
06/06/2024
Market outages: IOSCO good practices and key findings from global survey
On 5 June 2024, the International Organization of Securities Commissions (IOSCO) published its Final Report on Market Outages, setting out good practices for trading venues and market participants in...
05/06/2024
Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd
In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance...
05/06/2024
2024 UK EMIR Refit: finalisation of Q&A-style guidance
On 30 September 2024, significant changes to the UK’s derivatives reporting framework will come into effect known as the “2024 UK EMIR refit”. Counterparties are in the process of finalising im­ple­ment­a­tion...
04/06/2024
Court scales back HS2 protest injunction as project partially abandoned
The High Court has recently extended, in time if not geographical spread, an injunction order to protect the HS2 project from unlawful interference by anti-HS2 activists and other trespassers.  The decision...
31/05/2024
Ancillary Activities Exemption – a change in approach for commodity derivatives...
On 29 May 2024, the Financial Services and Markets Act 2000 (Commodity Derivatives and Emission Allowances) (Amendment) Order 2024 (SI 2024/719) (the “2024 Order”) was published alongside an explanatory...