Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 19, 2014
The Firm
201-896-4100 info@sh-law.comThe two lower courts granted summary judgment in favor of the broker and dismissed a negligence complaint. New York’s Court of Appeals reversed, ruling that a question of fact existed as to whether or not the broker could be liable.
The plaintiff is a business owner who had obtained property and business interruption coverage beginning in 2004. The broker requested sales figures and other information in order to determine the amount needed for the business interruption coverage. The broker advised the plaintiff that $75,000 in coverage would be sufficient and that the amount would be reviewed annually to confirm it was still adequate.
Plaintiff’s business grew and relocated to a larger space. The broker did not review the business interruption policy limits in regard to the new location. After a loss, the insurance company lowered the business interruption coverage to $30,000. The broker provided assurances to the plaintiff that the change would be reviewed. When no policy changes were made and additional losses occurred, the plaintiff sued the broker for negligence. The plaintiff alleged that the broker had failure to procure sufficient business interruption coverage.
Under New York law, a broker has had no duty to advise its insured regarding the scope and nature of coverage absent a “special relationship.” In other words, a broker’s duty does not include providing insurance coverage advice, unless a special relationship exists. A special relationship may exist if the broker receives additional compensation from the insured, if the insured relies upon the advice and expertise of the broker regarding coverage, or there is a sufficient course of dealing between the broker and insured that places the broker on notice that his advice is being relied upon. The Voss court found that the plaintiff relied upon the broker’s promise to review the adequacy of the business interruption coverage each year and denied summary judgment. The court provided the plaintiff with an opportunity to demonstrate that a special relationship existed, which means that the issue of “special relationship” can no longer be resolved against an insured as a matter of law. Additionally, the insured’s knowledge of policy limits does not preclude a claim from being made.
From a practical standpoint, it seems that the Voss decision has opened the door for insureds to proceed with litigation (including Sandy-related matters) against insurance brokers if there is a factual basis for establishing that a special relationship existed.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!