Should the valuer be the insurer of all of the client’s risks?

Abstract

Discusses the issue of damages in the Court of Appeal decision in Banque Bruxelles Lambert SA v. Eagle Star Insurance [1995]. Suggests that policy issues, whether or not made explicit, must inevitably be considered in reaching a conclusion as to which party ought to be liable for damages for economic loss due to a fall in the property market. To do otherwise is to risk making the valuer the insurer of all of the client’s risks.