Negligence award sounds warning note for brokers

“Contrary to the established law that when an insured brings a negligence claim against its insurance brokers, damages are limited by reference to the amount that would have been payable under the policy, the judge in this case awarded a sum for loss of profits, in addition to that which would have been paid out under the BI cover,” explained Marcus Campbell, a professional risks partner at Beachcroft LLP.

In Arbory, the claimant company did not understand the meaning, in an insurance context

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