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Blog: Lessons in the use of confidential information

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Browne Jacobson’s Mark Daniels and Chloe Poskitt outline the key lessons for MGAs following recent court cases.

The publicised case of Mulsanne Insurance Company versus Marshmallow Financial Services has cast a spotlight on the use of confidential information. It raises interesting issues about managing general agents (“MGAs”) and their use of information provided to them by the insurer.

In 2019, Marshmallow decided to form its own insurance company (Marshmallow Insurance) but Mulsanne was not notified until September 2020 when it was ready to launch.

Mulsanne sought to terminate the TOBA in February

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