2 Nov 2012
MARCHAND, MARCHAND AND COSTELLOE v JACKSON & ANOR HC CHCH CIV 2011-409-810
- Citation
- openlaw-6dbf7598_dcde_4a03_a229_392b16c6b1b9.pdf
- Court
- High Court
The broker breached his contractual duties by failing to procure the house and contents insurance, by assuring the plaintiffs that cover was in place and by not informing or properly advising them after becoming aware of the MAS cancellation and Dr Marchand's convictions; on the balance of probabilities the plaintiffs would have disclosed the convictions and obtained the insurance sought (or equivalent) if the broker had performed his duties, so the defendant is liable to compensate the plaintiffs to put them in the same position as if cover had been obtained; contributory negligence was not…