The insured suffered loss caused by a fire at its premises in Camden Market. The fire was caused by a portable heating appliance which had been identified in a pre-loss survey by the insurer as hazardous and the insurer had, by endorsement, required removal of the heaters. The broker failed to communicate the removal requirement to the insured. The court decided that the broker was negligent by their failure to draw the insured's attention to the endorsement and to explain that failure to meet the requirement to remove the heaters may prejudice cover.
Queen's Bench Division, Commercial Court
2 February 2011