CONTRACT - construction - construction of an insuring clause - meaning of "in connection with the Insured's business" - construction by reference to external factors - construction of an exclusion clause in a contract of insurance - meaning of "criminal act" - whether the contract of insurance excludes negligent criminal acts - maxims of construction - the contra proferentem rule - implied retainer
TORT - negligence - negligent misstatement - negligent misrepresentation - duty of care - scope of an insurance broker's duties under an implied retainer - standard of care - standard of care expected of a reasonably competent insurance broker - breach of duty
PRACTICE AND PROCEDURE - pleadings - whether cross-claimants ought to be constrained by their pleadings - sufficiency of pleaded case in all the circumstances - undesirability of deciding substantive matter on pleading points - distinction between negligent misstatement and negligent representation
Case Details
Citation[2012] NSWSC 104
CourtNSWSC
JurisdictionNew South Wales
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