Crowson v HSBC Insurance Brokers Ltd [2010] EWHC B26 (Ch) (26 January 2010)

Crowson v HSBC Insurance Brokers Ltd [2010] EWHC B26 (Ch) (26 January 2010)

It is at least arguable that a broker can be liable in contract and tort to a director where the insurance is intended for the director's benefit, either as an agent or as a third party beneficiary under the Contract (Rights of Third Parties) Act 1999. The statement of case discloses reasonable grounds for bringing...

Source-derived case information.

Citation
[2010] EWHC B26 (Ch)
Parties
Claimant: Mr Peter Crowson; Defendant: HSBC Insurance Brokers Ltd
Jurisdiction
England and Wales
Judgment Date
26 January 2010
Procedural Posture
Application to Strike Out Claim / Pre Trial, Interlocutory Application
Outcome
Application to strike out refused
Legal Topics
Third Party Rights, Directors and Officers Insurance, Negligence of Insurance Brokers, Agency, Contract (rights of Third Parties) Act 1999
Insurance Law Contract Law Tort Law Third Party Rights Directors and Officers Insurance Negligence of Insurance Brokers Agency Contract (rights of Third Parties) Act 1999

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Summary, issues, holding and outcome

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Parties

Mr Peter Crowson

Claimant

HSBC Insurance Brokers Ltd

Defendant

Procedural Posture

Application to Strike Out Claim / Pre Trial, Interlocutory Application

Legal Issues

  1. 1 Whether an insurance broker owes a duty of care in tort or contract to a company director who is not a direct party to the contract
  2. 2 Whether a director can enforce a contract under the Contract (Rights of Third Parties) Act 1999
  3. 3 Whether the statement of case discloses a reasonable cause of action

Ratio Decidendi

It is at least arguable that a broker can be liable in contract and tort to a director where the insurance is intended for the director's benefit, either as an agent or as a third party beneficiary under the Contract (Rights of Third Parties) Act 1999. The statement of case discloses reasonable grounds for bringing the claim and should not be struck out.

Court Disposition

Application to strike out refused

Orders

  • Application to strike out the claim is dismissed