INSURANCE-AGENCY-INSURANCE SECURED THROUGH A BROKER-BROKER AN AGENT FOR THE INSURED-INSURED REQUIRING COVERAGE FOR ACTIVE CABLE TRANSMISSION LINES-EXCLUSION CLAUSE IN POLICY EXCLUDING SUCH RISK-NO SUCH COVERAGE AVAILABLE IN THE TRADE-BROKER FAILING TO INFORM INSURED OF EXCLUSION CLAUSE-NO DISCLOSURE TO THE INSURER THAT EQUIPMENT WAS ACTIVE TRANSMISSION LINES-NO INDEMNITY BY INSURER-WHETHER THE BROKER IN BREACH OF AGENCY CONTRACT- WHETHER BROKER LIABLE TO INDEMNIFY THE INSURED-WHETHER BROKER UNDER A DUTY TO DISCLOSE THE EXCLUSION CLAUSE OR INFORM THE INSURED THAT NO SUCH COVERAGE AVAILABLE FOR THAT RISK. MISREPRESENTATION-WHETHER BROKER LIABLE TO THE INSURED FOR MISREPRESENTING TO THE INSURER THE NATURE OF THE PROPERTY TO BE INSURED-WHETHER BROKER MISREPRESENTED THAT COVERAGE HAD BEEN SECURED OVER THE ACTIVE TRANSMISSION LINES-MEASURE OF DAMAGES.
Case Number
2013 CD 00140
Year
Neutral Citation
[2014] JMCC Comm 11
Date of Delivery