FIRST NATIONAL COMMERCIAL BANK PLC v BARNET DEVANNEY (HARROW) LTD

[1999] Lloyd's Rep IR 43

QUEEN’S BENCH DIVISION

Before Mr Justice Gage

Insurance (fire policy) - Co-insurance for benefit of mortgagor and mortgagee - Non-disclosure, misrepresentation and breach of condition by mortgagor - Insurers avoid policy as against both mortgagor and mortgagee - Whether broker negligent in failing to add a severance clause to policy - Whether broker’s failure caused loss to mortgagee - Whether contingency policy obtained by mortgagee was to be taken into account in assessing damages.