Broker’s emails defeat negligence claim
Key to the broker’s success in defending all allegations of negligence in a recent High Court case was the ability to rely on contemporaneous emails as evidence of its advice given nearly a decade before the trial, Marcus Campbell, partner at DAC Beachcroft, details.
The case was Hamsard One Thousand and Forty-Three Ltd (Hamsard) v AE Insurance Brokers Ltd (AE).
BackgroundHamsard leased an old industrial foundry to its subsidiary, Incanite Foundries Limited (Incanite). Hamsard’s principal was Mark Beresford.
AE had placed insurance for Beresford’s companies, for some years.
Incanite ran into financial difficulties and stopped paying rent. In early 2014, administrators were appointed and took occupation of the premises.
Beresford therefore decided “to start
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