Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd

[1998] HCA 38
Judgment date
Case number
P64/1996
Before
Brennan CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Insurance - Insurance Brokers - Breach of duty or contractual obligation by broker to disclose insured's full claims history to insurer - Compromise settlement by insured of claim against insurer and remainder of claimed damages sought from broker - Whether settlement reasonable - Whether sufficient evidence brought by insured to demonstrate the strength of the insurer's defence of non-disclosure - Whether broker's breach of duty or contractual obligation relevantly caused insured's loss - Whether settlement rendered the remainder of insured's damages too remote.

Words and phrases - "A reasonable insurer".

Insurance Contracts Act 1984 (Cth), s 28.