Clare Dixon, instructed by Simmons & Simmons LLP, successfully represented Arthur J Gallagher Insurance Brokers Limited in a claim by a company against its insurance broker arising from an insurer’s decision to decline cover. In giving judgment for the defendant insurance broker, HHJ Keyser Q.C. (i) endorsed the statements of David Steel J in Jones v Environcom Limited [2010] EWHC 759 (Comm) and Flaux Jin Synergy Health (UK) Limited v CGU Insurance Plc [2010] EWHC 2583 (Comm) as to the scope of an insurance broker’s duties, and (ii) held that the lack of expert evidence significantly limited, albeit did not altogether exclude, the possibility of a finding that the insurance broker had acted in breach of its duty to exercise reasonable skill and care. The decision is considered by Katie Powell of 4 New Square.
