| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 76 (Apr) |
| Neutral Citation: | [2010] EWHC 759 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | David Steel J |
| Representation | Neil Hext (instructed by Edwin Coe Solicitors) for the defendants. |
| Andrew Hunter (instructed by CMS Cameron McKenna) for the third parties. | |
| Judgment Dates: | 15 April 2010 |
Catchwords
Insurance - Broker - Duty - Negligence - Broker providing information to insured regarding material non-disclosure — Insured seeking to claim on policy following fire on premises — Insurers declining liability on basis of material non-disclosure — Whether broker negligent in provision of advice regarding material non-disclosure — Whether broker negligent in failing to elicit facts relevant to material non-disclosure — Whether negligence of broker causative of avoidance of policy
The Case
Insurance Broker. The Commercial Court held, in the context of an insurance claim for fire damage, that although an insurance broker had been negligent in its duty to the insured that negligence did not cause the insurers refusal to pay out on the policy.
Practice Areas
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