The claimant construction company owed a fiduciary duty to the defendant insurer, for whom it had provided claims-handling and building-repair services, in respect of the services such as the validation of claims which it had carried out as the insurer’s agent. This entitled the insurer to claim an account and inspect the claimant’s records relating to those services only. The claimant did not owe a fiduciary duty in respect of other services such as assessing the scope of and carrying out repairs (John Youngs Insurance Services Ltd v Aviva Insurance Services UK Ltd).
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Fiduciary duties
- Mills & Reeve LLP
- Miranda Whiteley
- United Kingdom
- August 16 2011
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Don Sangster
Legal Department Administrator
Jovian Capital Corporation