Breach of Duty

Breach of duty is when someone has failed to do something they should have within their duties owed. In tort, there can be no liability in negligence unless the claimant has established both that there was a duty of care owed by the defendant, and that there has been a breach of that duty. If this is not established, then there cannot be assessment of damages and no claim payout.

An example is that you are owed a duty of care by an insurance adjuster. An insurance adjuster has to be courteous, respectful and treat you fairly. The courts have upheld judgments against an insurance adjuster and therefore that insurance company when a claimant was treated unfairly. Pilot vs Whiten is a well-known example whereby the case was taken and upheld up to the Supreme Court.

If you have any questions or concerns in this regard talk to your agent or broker. Take control of your insurance. This not only applies to your business insurance but your home and your auto coverage.