Advice was provided to a retail jeweller in relation to professional negligence claim against their insurance broker for failure to procure adequate insurance coverage and provide adequate advice as to stock taking requirements. If they had provided that advice, it would have ensured the insurance policy would respond if called upon.
The client suffered a robbery but had failed to adhere to policy requirements on stock taking. The rejection of the claim also then focussed on alleged falsification of the value of the loss.
The issues would not have occurred had the client been advised how to comply with their insurance policy as the loss would have been covered and easily demonstrated.
As a result, a negligence claim was brought against the broker for their failure to advise on the conditions of the policy and recognise it was not fit for purpose given the nature of the client’s approach in their industry to stock taking. The allegations of negligence resulted in a positive resolution for failure to advise correctly and breach of duty of care.