Insurance Broker Negligence

Summary

This practice note discusses insurance broker negligence. Businesses or individuals facing an uninsured or underinsured loss are well-advised to consider the merits of a claim in negligence against their insurance broker. While brokers may once have been viewed in law as mere merchants or salespeople, they are now treated as professionals and held to a commensurately high standard to advise and counsel their clients. This practice note covers such topics as the elements of a negligence claim, causes of action other than negligence that may be raised, the duty of care and standard of care in insurance broker negligence claims, expert reports, contributory negligence and common defences.