Norman Hay PLC (in Members' Voluntary Liquidation) v Marsh Limited

Norman Hay PLC (in Members' Voluntary Liquidation) v Marsh Limited

The appeal must be dismissed because the claim involves factual issues unsuitable for summary disposal; assessment of causation and loss requires a trial to determine what Marsh should have arranged and whether a putative insurer would have responded to the claim, applying loss of a chance principles.

Source-derived case information.

Parties
Respondent/claimant: Norman Hay PLC (in Members’ Voluntary Liquidation); Appellant/defendant: Marsh Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2025
Procedural Posture
Appeal / Appeal Against Refusal to Strike Out Claim or Grant Reverse Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Duty by Insurance Broker, Loss of Chance, Reflective Loss, Causation in Insurance Claims, Summary Judgment, Strike Out Applications
Professional Negligence Insurance Law Commercial Law Breach of Duty by Insurance Broker Loss of Chance Reflective Loss Causation in Insurance Claims Summary Judgment +1 more

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Parties

Norman Hay PLC (in Members’ Voluntary Liquidation)

Respondent/claimant

Marsh Limited

Appellant/defendant

Procedural Posture

Appeal / Appeal Against Refusal to Strike Out Claim or Grant Reverse Summary Judgment

Legal Issues

  1. 1 Whether Marsh negligently failed to arrange appropriate insurance cover for Norman Hay
  2. 2 Whether the claim is bound to fail because the policy would not have indemnified Norman Hay
  3. 3 Whether Norman Hay's loss is irrecoverable as reflective loss

Ratio Decidendi

The appeal must be dismissed because the claim involves factual issues unsuitable for summary disposal; assessment of causation and loss requires a trial to determine what Marsh should have arranged and whether a putative insurer would have responded to the claim, applying loss of a chance principles.

Court Disposition

Appeal dismissed

Orders

  • Case to proceed to trial
  • No summary judgment or strike out granted