The claimant had lost significant sums through his accountancy practice, but now claimed that his insurance broker, the defendant had negligently failed to renew his professional indemnity policies, even though he had supplied policy numbers to the claimant. The defendant disputed whether the losses were part of the claimant’s practice.
Held: a burden lay on Claimant to establish that but for the negligence of the Defendant there would have been a policy in existence that covered the claim in question. Ordinarily such a step will not be difficult. Thereafter the burden is carried by the defendant broker if he seeks to establish that the insurer would have repudiated for some reason, whether that be by reason of breach of a condition or exemption.
Judges:
Cotter QC HHJ
Citations:
[2015] EWHC 4256 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Munro Brice and Co v War Risks Association 1918
Bailhache J discussed the principle that if there is a qualification of the general risk which covers the policy’s whole scope (so that there is no unqualified risk left), the burden is on the insured to prove facts which bring the case within the . .
Cited – Fraser v B N Furman (Productions) Ltd CA 1967
The employer’s liability policy contained a condition precedent that the insured should take reasonable precautions to prevent accidents and disease. The company sought to rely upon the clause to avoid liability.
Held: ”Reasonable’ does not . .
Cited – Armory v Delamirie KBD 1722
A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled ‘unless the defendant did produce the . .
Cited – Phillips and Co and Another v Whatley PC 2-May-2007
(Gilbraltar) The respondent had made a claim against his former lawyers, the appellants, alleging that he had lost out on a very significant personal injury claim for their failure to issue a writ in time. . .
Adopted – Everett v Hogg Robinson 1973
The court was asked whether a re-insurer would have repudiated by reason of a failure to disclose an adverse claims record had the broker not been negligent.
Held: if a broker relies on a causation defence he must satisfy the court that the . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Damages
Updated: 20 December 2022; Ref: scu.572351
