The appellant appealed a Small Claims Court decision granting judgment to her insurance broker for an unpaid retained premium.
The appellant had cancelled a policy placed by the broker after finding significantly cheaper coverage through another broker.
She alleged the original broker was negligent in failing to investigate or advise her of the cheaper alternative.
The Divisional Court allowed the appeal, finding the trial judge made palpable and overriding errors of fact regarding the broker's efforts to contact the alternative insurer.
Applying Fletcher v. Manitoba Public Insurance Co., the court held the broker breached her stringent duty to provide information and advice.
The action for the unpaid premium was dismissed.
