FKB’s Aaron M. Barham and David P. Furman secured pre-answer dismissal of negligence and breach of contract claims on behalf of an NYC insurance brokerage firm.

In this case, plaintiff filed suit against the insurance broker and the co-defendant insurer, claiming failure to provide coverage for a water damage incident. In granting CPLR 3211 dismissal on behalf of the insurance broker, the Court adopted FKB’s argument that a broker has no duty to issue a coverage opinion or perform other obligations which are solely the insurer’s responsibility. Furthermore, the Court agreed that the plaintiff could not plead or prove a viable negligence claim, as the insurance broker procured the coverage that the plaintiff requested.

If you have any questions about this decision, please contact Aaron M. Barham or David P. Furman.