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The Consequences of a Recent Court Ruling on the Duties and Standard of Care for Insurance Brokers

September 24, 2021

The Alberta Court of Queen’s Bench decision in Duraguard Fence Ltd. v. Badry, 2019 ABQB 783, is another in the line of case authorities dealing with the duties and standard of care that insurance brokers owe to their clients. The case promises to have far-reaching consequences.

The Duraguard case concerns a claim brought by the plaintiff Duraguard Fence Ltd against the defendant broker and his brokerage (“HDF”) for the alleged failure to place adequate insurance coverage for employee dishonesty. Duraguard was in the business of supplying and installing chain-link fencing. The Court found that, while its principal, Jay Champigny, was well-versed in the business of supplying and installing chain-link fencing, he had limited knowledge and experience with respect to insurance.

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