Insurance Law Monthly
Insurance brokers: business interruption insurance
Adelaide (SA) Pools & Spa Manufacturing and Installation Pty Ltd and Others v Westcourt General Insurance Brokers Pty Ltd (No 2) [2021] SASC 123 is a very lengthy judgment of Doyle J in the Supreme Court of South Australia on the liabilities facing an insurance broker whose advice to the assured led to inadequate business interruption insurance being placed in terms of the value of potential lost revenue and an insufficient indemnity period. The case also raises important questions on the measure of damages and the principles of mitigation and contributory negligence.
Adelaide Pools: the facts