FKB’s Mike Furman and Christopher D. Skoczen obtained the dismissal of third-party claims against FKB’s client, an insurance broker, arising from a high-value property damage dispute.  The defendant property owner sought to hold the insurance broker liable for the property owner’s misrepresentations to its insurance carrier, where the insurance carrier disclaimed the property owner’s six-figure property damages claims.

FKB forcefully argued that FKB’s client did not breach its contract in relying on its client’s representations as to the details of the property, and that the property owner had not pleaded facts supporting a finding of a special relationship, necessary to create a fiduciary duty owed to the property owner.  The Supreme Court, New York County agreed with FKB’s arguments, dismissing the third-party claims in their entirety.

If you have any questions about this decision, or the defense of insurance brokers in general, please contact Mike Furman or Christopher D. Skoczen.