Tolan v McLaughlin & Greaney Insurance & Anor (Unapproved) [2022] IECA 27 (03 February 2022)

Tolan v McLaughlin & Greaney Insurance & Anor (Unapproved) [2022] IECA 27 (03 February 2022)

The appellant was responsible for providing inaccurate information regarding the cattle sheds' age and construction, which constituted a material misrepresentation. Zurich was entitled to withdraw storm cover and refuse indemnity for the claim. The broker was not liable as it relied on information provided by the appellant. The High Court's findings of fact were supported by credible evidence and not disturbed on appeal.

Citation
[2022] IECA 27
Parties
Plaintiff/appellant: Finbar Tolan; First Defendant/respondent: McLaughlin and Greaney Insurances Limited t/a Future; Second Defendant/respondent: Zurich Insurance PLC
Jurisdiction
Ireland
Judgment Date
03 February 2022
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Material Misrepresentation, Insurance Indemnity, Broker Liability, Non Renewal of Insurance, Policy Interpretation
Insurance Law Contract Law Material Misrepresentation Insurance Indemnity Broker Liability Non Renewal of Insurance Policy Interpretation

Case Brief

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Parties

Finbar Tolan

Plaintiff/appellant

McLaughlin and Greaney Insurances Limited t/a Future

First Defendant/respondent

Zurich Insurance PLC

Second Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant was entitled to indemnity under the insurance policy for storm damage to cattle sheds
  2. 2 Whether the appellant or the broker was responsible for misrepresentation regarding the age and construction of the cattle sheds
  3. 3 Whether Zurich was entitled to withdraw storm cover and refuse renewal based on misrepresentation and late notification

Ratio Decidendi

The appellant was responsible for providing inaccurate information regarding the cattle sheds' age and construction, which constituted a material misrepresentation. Zurich was entitled to withdraw storm cover and refuse indemnity for the claim. The broker was not liable as it relied on information provided by the appellant. The High Court's findings of fact were supported by credible evidence and not disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order for costs against the appellant stands.