Tolan v McLaughlin & Greany Insurances Ltd T/A Future & anor (Approved) [2020] IEHC 167 (03 April 2020)

Plaintiff provided incorrect information regarding the age of the cattle sheds, constituting material misrepresentation; neither Zurich nor the broker are liable for the plaintiff's losses, and Zurich was entitled to withdraw storm cover and refuse renewal.

Source-derived case information.

Citation: [2020] IEHC 167
Parties: Plaintiff: Finbar Tolan; Defendant: McLaughlin & Greaney Insurances Ltd T/A Future; Defendant: Zurich Insurance PLC
Jurisdiction: Ireland
Judgment Date: 03 April 2020
Procedural Posture: Plenary Summons / Final Judgment
Outcome: claims dismissed
Legal Topics: Material Misrepresentation, Insurance Coverage, Duty of Disclosure, Renewal Refusal, Broker Liability

Insurance Law Contract Law Tort Law Material Misrepresentation Insurance Coverage Duty of Disclosure Renewal Refusal Broker Liability

Source-derived case record

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Parties

Finbar Tolan

Plaintiff

McLaughlin & Greaney Insurances Ltd T/A Future

Defendant

Zurich Insurance PLC

Defendant

Procedural Posture

Plenary Summons / Final Judgment

Legal Issues

1 Did the plaintiff make a material misrepresentation regarding the age of the cattle sheds?
2 Is the broker liable for alleged errors in the insurance proposal?
3 Is Zurich obliged to renew the insurance policy or provide coverage for storm damage?

Ratio Decidendi

Court Disposition

claims dismissed

Orders

Refuse to declare that plaintiff never made a misrepresentation to insurer.
Refuse to grant relief against broker.

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