Daily Archives: Monday, November 18, 2019

Posted: November 18, 2019

Agreement Between Insurance Broker and Insurance Company Raises Issue of Fact as to Agency Relationship; Summary Judgment Denied As to Whether Notice to Broker Constituted Notice to Insurer

Posted by Bradley J. Nash, Litigation Partner On November 8, 2019, Judge Gardephe of the SDNY issued a decision in XL Specialty Ins. Co. v. Prestige Fragrances, Inc., Case No. 18-cv-733 (PGG), holding that issues of fact precluded summary judgment on this issue of whether an insurance broker was an agent of the insurance company... Read more »

Posted: November 18, 2019

Written Contract’s Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract

On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Hai Yang Liu v. 88 Harborview Realty, LLC, 2019 NY Slip Op. 33280(U), holding that a written contract’s merger clause did not bar parol evidence regarding an alleged agreement when the alleged agreement was collateral to the written... Read more »