FNCB LIMITED (FORMERLY FIRST NATIONAL COMMERCIAL BANK PLC) v BARNET DEVANNEY (HARROW) LIMITED

[1999] Lloyd's Rep. PN 908

COURT OF APPEAL

Before Lord Justice Morritt, Lord Justice Sedley and Mr Justice Lindsay

Insurance broker — No mortgagee protection clause in a fire policy held in names of mortgagor and mortgagee — Whether the failure by the broker to ensure that such a clause was incorporated was negligent — Whether that failure was causative of loss — Whether the claimant should give credit for the sum paid to it under a contingency policy of insurance which provided cover in the event that the primary policy of insurance did not.