Causation disputes in brokers' negligence claims following coverage declinature to be determined on a “balance of probabilities” basis

In a judgment of particular relevance to those involved in claims against insurance brokers, the High Court rejected a Claimant’s submissions that causation ought to be assessed on a “loss of chance” basis, raising the bar for claimants.

In this article, David McArdle & Michelle Bakker comment on the Dalamd Ltd v Butterworth Spengler Commercial Ltd case and how the decision will impact similar cases going forward.

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