Cafe de Lecq -v- Rossborough [2012] JRC 067 (26 March 2012)

Cafe de Lecq -v- Rossborough [2012] JRC 067 (26 March 2012)

Rossborough failed to adequately warn Mr Ruellan of the warranty and its consequences; had they done so, it is wholly unlikely Mr Ruellan would have ignored such a warning, and he would have taken steps to ensure compliance, thus causation is established.

Citation
[2012] JRC 067
Parties
Plaintiff: Café de Lecq; Defendant: Rossborough
Jurisdiction
Jersey
Judgment Date
26 March 2012
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Causation, Duty of Care, Insurance Warranties, Broker Liability
Insurance Law Professional Negligence Causation Duty of Care Insurance Warranties Broker Liability

Case Brief

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Parties

Café de Lecq

Plaintiff

Rossborough

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Rossborough breached its duty as insurance broker to adequately inform Mr Ruellan of the deep fat fryer warranty and consequences of non-compliance
  2. 2 Whether any such breach caused the plaintiff's inability to recover on the AXA policy

Ratio Decidendi

Rossborough failed to adequately warn Mr Ruellan of the warranty and its consequences; had they done so, it is wholly unlikely Mr Ruellan would have ignored such a warning, and he would have taken steps to ensure compliance, thus causation is established.

Court Disposition

judgment for the plaintiff

Orders

  • Rossborough found liable for failure to warn; damages to be assessed based on loss of insurance coverage.