Jones v Environcom Ltd & Anor

Jones v Environcom Ltd & Anor

Miles Smith breached their duty to advise Environcom adequately on disclosure obligations and failed to take adequate steps to elicit material information. However, Environcom failed to prove that, but for these breaches, insurance cover would have been obtained or that any loss was caused by Miles Smith's breach. The claim was therefore dismissed.

Parties
Claimant: Nicholas G Jones; Defendant: Environcom Limited; Defendant: Environcom England Limited; Third Party: MS PLC t/a Miles Smith Insurance Brokers
Jurisdiction
England and Wales
Judgment Date
15 April 2010
Procedural Posture
Civil / Judgment After Joint Trial of Liability and Causation
Outcome
Claim dismissed
Legal Topics
Broker's Duty of Disclosure, Material Non Disclosure, Causation in Negligence, Insurability, Waste Management Licensing
Insurance Law Professional Negligence Broker's Duty of Disclosure Material Non Disclosure Causation in Negligence Insurability Waste Management Licensing

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Parties

Nicholas G Jones

Claimant

Environcom Limited

Defendant

Environcom England Limited

Defendant

MS PLC t/a Miles Smith Insurance Brokers

Third Party

Procedural Posture

Civil / Judgment After Joint Trial of Liability and Causation

Legal Issues

  1. 1 Did Miles Smith Insurance Brokers breach their duty to advise Environcom on disclosure obligations?
  2. 2 Did Miles Smith take adequate steps to elicit material information for disclosure to underwriters?
  3. 3 Would proper disclosure have led to insurance cover being obtained?

Ratio Decidendi

Miles Smith breached their duty to advise Environcom adequately on disclosure obligations and failed to take adequate steps to elicit material information. However, Environcom failed to prove that, but for these breaches, insurance cover would have been obtained or that any loss was caused by Miles Smith's breach. The claim was therefore dismissed.

Court Disposition

Claim dismissed