FKB’s Aaron M. Barham obtained CPLR 3212 summary judgment dismissal of insurance broker negligence and breach of contract claims on behalf of a Brooklyn-based insurance brokerage firm in Kings County Supreme Court.

Here, plaintiff asserted “failure to advise” broker negligence claims after the co-defendant insurer disclaimed coverage for a fire loss upon discovering that the plaintiff did not reside at the subject property.  In granting the insurance broker summary judgment, the Court (Justice Caroline Piela Cohen) agreed that the FKB had demonstrated that its client properly obtained requested insurance based on the plaintiff’s representation that the subject property was his own primary residence when the at-issue homeowner’s policy was procured.  The Court also applied the three-factor test set forth in Murphy v. Kuhn and held that there was no “special relationship” that would have created an additional duty of advisement after the policy was procured.

If you have any questions about this decision or the defense of insurance brokers, please contact Aaron M. Barham.