Catchwords:

NEGLIGENCE – professional negligence – where insurance broker breached duty of care owed to the appellant to exercise reasonable care and skill in advising on and obtaining insurance cover – where appellant took out new policy based on insurance broker’s advice which, unlike previous policy, contained certain exclusion clauses – where claim made by appellant in relation to accidental damage to a pool and pool building was denied on the basis of those exclusion clauses – whether insurance policy which appellant would have obtained but for the breach of duty would have responded to a claim for damage to pool and pool building – whether primary judge erred in relation to the onus of proof – whether primary judge erred in finding the appellant would have taken out insurance cover which did not contain the relevant exclusion clauses – whether primary judge erred by failing to find that it had not been proven that an alternative insurer would have covered the appellants’ claim