Allianz France Iardt v. Minister for Agriculture and Food [2000] IESC 23 (23rd May, 2000)

Allianz France Iardt v. Minister for Agriculture and Food [2000] IESC 23 (23rd May, 2000)

Hurst was solely and exclusively responsible for placing the risk on the British market (47.5%) and had no responsibility for the French market portion (52.5%) of the insurance; the arrangement at the Paris meeting and subsequent documentation confirm this division of responsibility.

Citation
[2000] IESC 23
Parties
Defendant: Minister; Plaintiff: Allianz; Third Party: Mike Murphy; Third Party: DB; Fourth Party: Hurst (Citicorp Insurance Broker (Marine) Limited)
Jurisdiction
Ireland
Procedural Posture
Insurance Contract Dispute / Appeal From High Court on Preliminary Issue
Outcome
appeal allowed
Legal Topics
Material Non Disclosure, Broker Liability, Placing Broker Responsibilities, Indemnity Claims
Insurance Law Contract Law Material Non Disclosure Broker Liability Placing Broker Responsibilities Indemnity Claims

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Parties

Minister

Defendant

Allianz

Plaintiff

Mike Murphy

Third Party

DB

Third Party

Hurst (Citicorp Insurance Broker (Marine) Limited)

Fourth Party

Procedural Posture

Insurance Contract Dispute / Appeal From High Court on Preliminary Issue

Legal Issues

  1. 1 Whether Hurst acted as placing broker for the Minister's marine assurance policy with the plaintiffs
  2. 2 Whether Hurst had responsibility for the French market portion of the insurance

Ratio Decidendi

Hurst was solely and exclusively responsible for placing the risk on the British market (47.5%) and had no responsibility for the French market portion (52.5%) of the insurance; the arrangement at the Paris meeting and subsequent documentation confirm this division of responsibility.

Court Disposition

appeal allowed

Orders

  • Declaration that Hurst did not at any material time act as placing brokers in respect of the placing, handling, management or renewal of the Minister's marine assurance policy reference number 90.100 with the plaintiff.