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Liability Risk and Insurance

Requirement to change insurer does not give rise to duty as a broker

In a complex story of a bank loan to refurbish a property tied to a requirement to change to the bank’s approved insurer and resultant delays, discovery of structural damage not identified in the bank’s survey, possession and sale of property by bank and the former owner being left with a large debt, it was held on appeal that the mere imposition by the bank of a requirement to change insurers did not give rise to any assumption of responsibility or duty of care.

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