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ARTICLE · 21 DECEMBER 2012

Brokers: Take Heed Of Your Obligations

Webber Wentzel
Webber Wentzel
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Webber Wentzel

Webber Wentzel

Founded in 1868, Webber Wentzel is a leading full-service law firm that provides clients with...

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An insurance broker is retained to arrange house and contents insurance. For one reason or another he fails to do so. Yet he tells his clients he has placed the insurance.

South AfricaInsurance
Rashad Ismail
Rashad Ismail

"An insurance broker is retained to arrange house and contents insurance. For one reason or another he fails to do so. Yet he tells his clients he has placed the insurance. They make a small claim on the policy. Unknown to them, the broker pays the claim himself. Then disaster strikes. The clients' house is severely damaged in the September 2010 Canterbury earthquake. The broker says he is not liable for failing to place the insurance. He says the house was not insurable in the first place. That is because one of the clients has convictions for fraud, which led to his previous insurance being cancelled. The broker says these facts had not been disclosed. Had they been, insurance could not have been obtained."

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