United Insurance Co of Libya v Aon Ltd
[2007] EWHC 1583 (Comm) - July 2007



 


In 2004 United Insurance (a Libyan insurance company) successfully tendered for the insurance business of the Libyan state-owned oil corporation, "N". The reinsurance of that risk was placed by the defendant, Aon. Aon also obtained reinsurance for United in relation to a Libyan company in the chemicals industry, "G". Aon quoted for that risk at a price dependent on it being an attachment to the N cover. Aon's quote won and the cover was placed. United then required it to be placed as an independent cover at an extra cost. In 2005 United asked Aon to quote for the renewal of N's insurance. Aon did not do so but quoted to N through another Libyan insurance company. That quote was successful.

United then brought three claims against Aon. In relation to the 2004 insurance of N, United claimed that Aon had misrepresented and concealed the brokerage it earned and that as a result Aon was obliged to account to United for all the brokerage received. In relation to the G cover, United alleged that Aon was in breach of contract in placing reinsurance that did not reflect what United wanted or required. Thirdly, United claimed that in relation to the 2005 N renewal, Aon had acted in breach of contract and of fiduciary duty.

Aon was successful. United's claim in respect of the commission on the 2004 N insurance failed on the facts: United was not misled in any way. The total commission had been disclosed and agreed. The attempts to re-open the rate of commission were fairly and firmly dealt with.

With regards to the G cover, United must have been aware that the price was based on attachment to the N cover, which reflected United's own instructions. Aon was entitled to commission that United had withheld on the extra cost of subsequently re-placing the cover.

In relation to the 2005 tender to N, there was no continuing relationship between United and Aon except in the sense of possibly working together on the tender, but there was never any agreement on the terms. United chose to seek competitive tenders and not to establish or continue any broking relationship with Aon. The opportunity to quote for N's business was available generally and all local insurers were asked to tender. There was no contract under which Aon could owe any fiduciary duty to United.