EVERETT v. HOGG, ROBINSON & GARDNER MOUNTAIN (INSURANCE) LTD.

[1973] 2 Lloyd's Rep. 217

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Principal and agent - Insurance broker - Broker instructed by reassured to effect reinsurance policy - Misrepresentation of material fact by broker - Liability repudiated by reinsurers for misrepresentation - Whether broker liable for negligence - Whether loss recoverable by reassured since reinsurers entitled to repudiate on other grounds - Whether compromise between reassured and reinsurers likely. Evidence - Burden of proof - Benefit of contract lost to plaintiff as a result of defendants' negligence - Whether burden of proof on defendant to show that contract would have been avoided by other party in any event.