← All Authorities
United Kingdom professional negligence

Dalamd Ltd v Butterworth Spengler Commercial Ltd

[2018] EWHC 2558 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court (Commercial Court)
Year2018
StatusBinding authority

Summary

An insurance broker owes a duty to place risk fairly and in accordance with London market practice, encompassing obligations in the presentation of the risk to underwriters.

Key Principle

insurance broker's duty; placing obligation; London market practice; duty to present risk fairly

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

Ask CommonBench about this case

Get a detailed analysis of Dalamd Ltd v Butterworth Spengler Commercial Ltd and how it applies to your situation.

Explain Dalamd Ltd v Butterworth Speng...