Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Do you have a “Special Relationship” With An Insurance Broker?

Author: Scarinci Hollenbeck, LLC

Date: May 19, 2014

Key Contacts

Back

New York’s highest court has confirmed that insurance brokers may be held liable to their customers for failure to obtain proper insurance coverage. The case, decided by a 4-3 vote, is Voss v. Netherlands Insurance and CH Insurance Brokerage Services (2014-01259 (N.Y. Feb. 25, 2014).

Case history

The 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.

Facts of the case

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.

Decision

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!