Re-insurers sought to repudiate liability under policies taken out to provide cover against asbestos claims. The primary insurers obtained oredrs joinging in the brokers who had arranged the re-insurance, and the brokers appealed those orders.
Held: It was arguable that the insurance brokers arranging the re-insurance owed a duty of care to the primary insurers to use reasonable skill and care in placing that re-insurance, and also that their employers were vicariously liable for any negligence of their employees in such placements. The case was stronger than in Punjab National and should proceed.
Judges:
Judge, Kay, Longmore LJJ
Citations:
[2003] EWCA Civ 1074, Times 21-Aug-2003
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Punjab National Bank v de Boinville CA 1992
The plaintiff was a person whom the broker knew was to become the assignee of an insurance policy, and the plaintiff had actively participated in giving instructions to the broker for the purchase of the relevant policy.
Held: A duty of care . .
Lists of cited by and citing cases may be incomplete.
Insurance, Professional Negligence
Updated: 08 June 2022; Ref: scu.186035