Insurance brokers: duty of care

In Flanagan v Bernasconi [2022] NSWSC 381 the claimant sued her insurance broker for negligence in advising her to switch insurers, thereby leaving her uninsured for damage to her swimming pool. There was little doubt as to the negligence; the key issue was whether insurance would have been available for the precise loss suffered, ie whether the broker’s negligence had been causative of the loss.

The facts