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Posts Categorized: Insurance Brokers

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: February 4, 2019

Insurance Broker Liable for Negligence in Preparing Application

On January 25, 2019, Justice Bucaria of the Nassau County Commercial Division issued a decision in┬áDorchester, L.L.C. v. Herzka Ins. Agency, Inc., 2019 NY Slip Op. 30177(U), holding an insurance broker liable for negligence in preparing an insurance application, explaining: An insurance broker may be held liable under theories of negligence or breach of contract... Read more »

Posted: January 23, 2018

Generalized Request for Coverage Not Sufficient to Establish Claim Against Insurance Broker for Failure to Procure Policy Covering a Specific Risk

On December 21, 2017, the Third Department issued a decision in Cromer v. Rosenzweig Ins. Agency Inc., 2017 NY Slip Op 08926, affirming the dismissal on summary judgment of negligence and breach of contract claims against an insurance broker because the plaintiff failed to establish that the insured made a specific request for coverage that... Read more »