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Causation disputes in brokers’ negligence claims following coverage declinature to be determined on a ‘balance of probabilities’ basis (Dalamd v Butterworth Spengler Commercial)

Causation disputes in brokers’ negligence claims following coverage declinature to be determined on a ‘balance of probabilities’ basis (Dalamd v Butterworth Spengler Commercial)
Published on: 24 October 2018
Published by: LexisPSL
  • Causation disputes in brokers’ negligence claims following coverage declinature to be determined on a ‘balance of probabilities’ basis (Dalamd v Butterworth Spengler Commercial)
  • What was the background to the decision?
  • What did the court decide?
  • Why is the judgment significant?
  • Case details

Article summary

Insurance & Reinsurance analysis: David McArdle, partner, and Michelle Bakker, trainee solicitor, of Beale & Company, consider a decision of the Commercial Court rejecting a claimant’s submissions that causation in brokers’ negligence claims ought to be assessed on a ‘loss of chance’ basis, raising the bar for claimants. or take a trial to read the full analysis.

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