Question
The owner of a furniture store instructed a broker to ensure that the stock-in-trade of his store was 'comprehensively' insured. The policy which the broker
The owner of a furniture store instructed a broker to ensure that the stock-in-trade of his store was 'comprehensively' insured. The policy which the broker procured contained a clause that exempted the insurer from liability for damage to stock-in-trade arising directly or indirectly from 'weather conditions'. Due to a combination of brick deterioration and prevailing winds, a portion of parapet wall at the dealership collapsed, causing extensive damage to some of the furniture on display in the store.
Which of the following statements isCORRECT?
- A.The insurer and the broker are not liable for the loss by reason of the exemption clause in the policy.
- B.The broker is liable for this loss because he had breached the terms of his mandate by failing to ensure that the stock-in-trade was adequately insured.
- C.The insurer is liable for the loss because the exemption clause amounts to an invalid term in the policy.
- D.The insured is liable for the loss because agreeing to conclude the insurance contract means the insured agrees with all the terms of the policy.
- E.The insured is liable for the loss because it is not the broker's responsibility to ensure that the insured complies with the policy.
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