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8.1 It has become an increasingly important trend for claimants in insurance litigation to bring an action directly against insurance intermediaries or for the intermediary to be joined as a co-defendant.2 One reason must be that English insurance law still poses many insurmountable barriers to many claimants.3 A second reason is that liability in general for those who give advice, based on a number of recent House of Lords decisions,4 has expanded and that extended liability coupled with professional indemnity insurance held by insurance intermediaries has meant that intermediaries are worthwhile targets for the disgruntled or frustrated claimant.
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