Emma Franklin
Emma is developing a busy practice across the breadth of commercial law, including insurance, shipping, general commercial disputes, international arbitration, shipbuilding and civil fraud. She acts as sole counsel and as junior counsel in all of 7KBW’s specialist areas and regularly acts as sole counsel in LMAA disputes.
Her current and recent instructions include being led in a marine insurance Commercial Court dispute following the Russian invasion of Ukraine; being led in an insurance broker’s negligence dispute concerning the placement of business interruption cover; and acting in a multi-million euro superyacht construction arbitration, which involved the bringing of a successful urgent injunction against the builder in the Commercial Court.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2021
Qualifications
- BA in Jurisprudence (with Senior Status) (2019)
- LLB (2016)
- BA in English Literature and Law (2014)
Education
- University of Oxford (2018-2019)
- University of Cape Town (2012-2016)
1 Contributions by Emma Franklin
PRACTICE NOTES
Regulatory and common law duties of UK insurance brokers in placement and renewal: fair presentation, Consumer Duty, documentation, sub-brokers and negligence mitigation
This Practice Note offers a concise overview of the functions and duties of insurance brokers, outlining their role in arranging and renewing insurance policies. It also gives practical pointers on how brokers can avoid or reduce negligence claims. More focused materials are signposted. For rules and guidance on insurance distribution regulation, see Practice Notes:
FCA Handbook—introduction for the insurance and reinsurance sector
PRA Rulebook—introduction for the insurance and reinsurance sector
Insurance conduct regulation—COBS and ICOBS
UK insurance distribution regime—essentials
Functions of insurance brokers
The broker’s central task is to secure consensus and clarity between the insured and insurers so that suitable cover is effected (or ‘placed’) in line with the client’s instructions. An essential aspect of the role is to bridge the disparity between the client’s understanding of its own operations and the broker’s appreciation of cover available in the market (see Infinity Reliance Ltd (trading as My 1st Years) v Heath Crawford Ltd). This core function is performed as agent for the insured; however, brokers also undertake various...
Insurance & Reinsurance
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