Fisk v Brian Thornhill & Son (A Firm)

Fisk v Brian Thornhill & Son (A Firm)

Mr Thornhill breached his duties by failing to inform of new insurer and terms, giving warranties without authority, and failing to obtain a proposal form before placing cover. These breaches were causative of the loss suffered by Mr and Mrs Scicluna and the damages paid by Mr Fisk. Mr Thornhill is liable to contribute 25% of the sum paid by Mr Fisk, including costs.

Parties
Appellant/part 20 Claimant: Daryl Fisk; Respondent/part 20 Defendant: Brian Thornhill & Son (a firm); Claimants in Main Action: Mr and Mrs Scicluna; Third Defendant in Main Action: CNA Insurance Co (Europe) Ltd
Jurisdiction
England and Wales
Judgment Date
28 February 2007
Procedural Posture
Civil Appeal / Appeal From Dismissal of Part 20 Claim at First Instance
Outcome
Appeal allowed
Legal Topics
Breach of Duty by Insurance Brokers, Causation in Negligence, Contribution Under Civil Liability (contribution) Act 1978
Insurance Law Professional Negligence Civil Procedure Breach of Duty by Insurance Brokers Causation in Negligence Contribution Under Civil Liability (contribution) Act 1978

Case Brief

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Parties

Daryl Fisk

Appellant/part 20 Claimant

Brian Thornhill & Son (a firm)

Respondent/part 20 Defendant

Mr and Mrs Scicluna

Claimants in Main Action

CNA Insurance Co (Europe) Ltd

Third Defendant in Main Action

Procedural Posture

Civil Appeal / Appeal From Dismissal of Part 20 Claim at First Instance

Legal Issues

  1. 1 Whether Mr Thornhill breached duties owed to Mr Fisk and/or Mr and Mrs Scicluna
  2. 2 Whether breaches by Mr Thornhill were causative of loss
  3. 3 Whether Mr Fisk is entitled to contribution from Mr Thornhill under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

Mr Thornhill breached his duties by failing to inform of new insurer and terms, giving warranties without authority, and failing to obtain a proposal form before placing cover. These breaches were causative of the loss suffered by Mr and Mrs Scicluna and the damages paid by Mr Fisk. Mr Thornhill is liable to contribute 25% of the sum paid by Mr Fisk, including costs.

Court Disposition

Appeal allowed

Orders

  • Mr Thornhill to contribute 25% of the sum agreed by Mr Fisk to be paid to Mr and Mrs Scicluna, including their costs of the main action.