Prosperity Advisers Pty Limited v Secure Enterprises Pty Limited t/a Strathearn Insurance Brokers

• 1. Damages
  2. › Loss of chance
  3. › Commercial opportunity
  4. › Insurance broker's negligence
  5. › Whether lost opportunity to obtain more favourable insurance policy
  6. › Whether prospect of obtaining desired policy was substantial or merely speculative
  7. › Whether evidence sufficient to establish lost chance had some value
• 1. Insurance
  2. › Insurance brokers
  3. › Duty of care
  4. › Professional indemnity insurance
  5. › Advice concerning aggregation clause
  6. › Whether insured suffered loss from broker's incorrect advice where no alternative policy shown to be available
• 1. Appeal
  2. › Findings of fact
  3. › Whether primary judge erred in evaluative assessment of evidence
  4. › Whether findings were open on the evidence
• 1. Practice and Procedure
  2. › Costs
  3. › Indemnity costs
  4. › Offer of compromise
  5. › Whether offer was genuine offer of compromise
  6. › Whether modest offer in light of weakness of opponent's case constituted real element of compromise
  7. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15(2)(b)

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