Apportioning liability

Paul Castellani assesses the implications of Dunlop Hayward v Barbon for producing and placing brokers

In some markets, there will be more than one broker involved in distribution: a producing broker interacting with the client and a placing broker interacting with insurers to place the risk. Each owes similar, though not identical, duties. The producing broker owes duties to the insured while the placing broker owes them to the producing broker.

What happens where the insured does not receive the cover it intended or, worse still, insurers are entitled to decline cover? Is liability split