Blog: The power of TOBAs
Legal expert, Tim Johnson of Browne Jacobson, considers how recent legal rulings highlight the need to ensure Terms of Business Arrangements between parties are always 100% clear.
The recent case of Mulsanne v Marshmallow centred on allegations by an insurer that its intermediary committed a variety of breaches, including intellectual property infringement and the misappropriation of clients. Many of the ‘highlights’ of the case have been reported in various articles.
However, the case also drew attention to a key issue which does not often receive the same airtime, namely the importance of ensuring Terms of Business Agreements (TOBAs) are drafted clearly and accurately
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