Source: All England Reporter
Publisher Citation: [2011] All ER (D) 116 (Oct)
Neutral Citation: [2011] EWCA Civ 1152
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony May P, Rix and Hooper LJJ

Representation Patrick Lawrence QC and Neil Hext (instructed by Edwin Coe LLP) for the defendants.
  Alistair Schaff QC and Andrew Hunter (instructed by CMS Cameron McKenna LLP) for the third party.
Judgment Dates: 13 October 2011

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 - Insured alleging broker negligent in provision of advice regarding material non-disclosure - Judge holding insured uninsurable and dismissing claim - Insurer appealing - Insurer alleging broker liable for causing fire - Whether unpleaded case could be raised on appeal - Whether permission should be granted to amend.

The Case

Insurance Broker. The Court of Appeal, Civil Division, in dismissing the defendants appeal, held that their claim had not been presented to the court of trial and amendment would not be granted.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.