Knapp and Another v Ecclesiastical Insurance Group Plc and Another
| Jurisdiction | England & Wales |
| Judgment Date | 30 October 1997 |
| Date | 30 October 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Butler-Sloss, Lord Justice Hobhouse and Lord Justice Buxton
Knapp and Another
and
Ecclesiastical Insurance Group plc and Another
Negligence - insurance broker - effective date of cause of action
Effective date of cause of action against insurance broker
A cause of action against an insurance broker who negligently advised a client to take out an insurance policy which was voidable and which the insurer avoided when the client tried to claim under it arose when the policy premium was paid and not when the insurer avoided the policy.
The Court of Appeal so held in allowing an appeal by the second defendant, David Smith, trading as David Smith Insurance Brokers, against a decision of Sir Peter Webster sitting as a judge of the Queen's Bench Division refusing to strike out an action brought by the plaintiffs, William and Denise Knapp, on the ground that it was time barred.
Mr Robert Walker, QC and Mr Adam Tolley for the second defendant; Mr Rupert Jackson, QC and Mr Malcolm Stitcher for the plaintiffs.
LORD JUSTICE HOBHOUSE said...
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56 cases
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Gallagher v Acc Bank Plc T/A Acc Bank
...K. Buckenham Ltd. [1990] 1 All E.R. 808; [1989] 2 Lloyd's Rep. 85. Knapp v. Ecclesiastical Ins Group Plc [1998] Lloyd's Rep I.R. 390; [1998] P.N.L.R. 172. Law Society v. Sephton [2006] UKHL 22, [2006] 2 A.C. 543; [2006] 2 W.L.R. 1091; [2006] 3 All E.R. 401. Martin v. Britannia Life [2000] L......
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Gallagher v ACC Bank Plc
...1989 2 LLOYDS 85 BELL v PETER BROWNE & CO 1990 2 QB 495 1990 3 WLR 510 1990 3 AER 124 KNAPP v ECCLESIASTICAL INSURANCE GROUP PLC & ANOR 1998 PNLR 172 1998 LLOYDS IR 390 NYKREDIT MORTGAGE BANK PLC v EDWARD ERDMAN GROUP LTD (NO 2) 1997 1 WLR 1627 1998 1 AER 305 MARTIN v BRITANNIA LIFE LTD 200......
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(1)pegasus Management Holdings Sca (2)ivan Harold Bradbury v (3)ernst & Young (A Firm) Ernst & Young Llp
...the client paid a premium for a valid insurance policy which proved to be a voidable one (a reference to Knapp & Another v. Ecclesiastical Insurance Group Plc & Another [1998] PNLR 172, to which I shall come). Where the judge went wrong was, he said, to equate Mr Bradbury's failure to get w......
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1 firm's commentaries
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A Tale Of Loss, Limitation And A Flawed Transaction: Why A Loss May Not Feel Like A Loss
...involving flawed transactions came and went. Bell v Peter Browne & Co. [1990] 2 QB 495 and Knapp v. Ecclesiastical Insurance Group plc [1998] PNLR 172 are two of the better known. But the ruling in Forster was adhered to by the It seemed incontrovertible. The date of loss was the date of th......