A broker is liable for any gaps in insurance that are not brought to the client’s attention, if the client would have taken steps to avoid an uninsured loss. The fact that the client had been provided a copy of the policy that contained the exclusions, but had not read the policy, does not entitle the broker to claim contributory negligence against the client.
Goertzen v. Halifax Insurance Co., [2003] M.J. No. 399, Manitoba Court of Queen’s Bench