Hans Forssell and Göran Johansson from Eversheds Stockholm represented claimants AB SEB Trygg Liv in a dispute in the Swedish Supreme Court against defendants Skadeförsäkring AB and Länsförsäkringar Sak.
In the dispute, SEB Trygg Liv claimed compensation from the defendants under mandatory liability insurances of an insurance broker written by them.
The issue at stake in the Supreme Court was whether the broker owes a duty to observe ‘good insurance broker practice’ not only in its relation to the insurer’s customer (as argued by the defendants) but also in its relation to the insurer (as argued by SEB Trygg Liv).
The lower courts had ruled in favour of the defendants. The Supreme Court, however, held that the broker has to observe good insurance broker practice also related to the insurer.
The claim itself will now be decided in the court of first instance based on the decision of the Supreme Court.