B – Broker
5/10/18
DALAMD LTD v BUTTERWORTH SPENGLER COMMERCIAL LTD [2018] EWHC 2558 (Comm)
Considers duties owed by an insurance broker to a client [79] and the correct approach to causation of loss for the broker's negligence in arranging insurance [125]. The court needs to consider whether the policy is or is not voidable on a ‘yes/no’ basis [135] and whether there was a defence by reason of some other non-disclosure for which the brokers were not responsible [137].
2/11/12
MARCHAND v JACKSON [2012] NZLR 2893
A broker was liable for failing to obtain home and contents insurance for the claimants. The fact that the claimants had not disclosed convictions to the broker did not lead to the conclusion that any policy would have been avoided by the insurer for non-disclosure. The claimants had told the broker they had previously been refused cover and it had been the broker’s duty to elicit the reasons why.
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