20 September 2002

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Insurance Negligence - No Two Bites at Cherry

Kennecott Utah Copper Corporation and others v Minet Limited
and others - 30 July 2002

In the case of Kennecott Utah Copper Corporation and others
v Minet Limited and others, the courts illustrated how firmly
they deal with any attempt to claim against insurance brokers
when litigation between parties to an insurance contract has
already disposed of the issues without criticism of the broker.
The case also highlighted the danger of settling a dispute
with an insurer prior to an appeal where a contribution might
be sought from a broker, unless a clear agreement exists
preserving rights to claim against the broker in the future.
The successful defences of the broker were issue estoppel
and abuse of process.

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on the following link: http://www.law-now.com/law-now/press.cfm?id=4792
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For further information, please contact Susan Hopcraft (nee North)
by e-mail at susan.hopcraft@cmck.com or on +44 (0)20 7367 3056.

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