“You’d have to row back from the fact they’ve signed a policy of insurance, so they’ve accepted all of the terms therein. A broker is only broking a policy. At the end of the day, you’re presented with terms of insurance, which you can accept or decline. Unless there is clear evidence that a broker has made a negligent or fraudulent misstatement and misled the nursery owners as to the terms of the policy, I would be surprised if it took with the courts.”
Jacqueline Young, head of group actions at legal funding firm Augusta Ventures, shared her view after it was reported by Nursery World this week that between 90 and 100 nursery owners could file a lawsuit against the Ipswitch-based broker Pound Gates.
The owners claimed to have been misadvised over what is covered within their business interruption policies if they’re forced to close, and their legal representative – Joshua Fellenbaum from Fieldfisher – suggested there could be a case for negligence.