- 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
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.
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