FKB’S MIKE FURMAN AND DAVID P. FURMAN OBTAIN PRE-ANSWER DISMISSAL OF AN INSURANCE BROKER NEGLIGENCE CLAIM IN KINGS COUNTY, NEW YORK

03/11/2022

FKB’s Mike Furman and David P. Furman obtained dismissal of an insurance broker negligence claim in Kings County Supreme Court before Hon. Debra Silber, J.S.C.  FKB’s client was the insurance broker who placed a condominium unit owner’s policy of insurance to Plaintiffs.  In 2019, there was a catastrophic fire in the condominium building which required all occupants to vacate their apartments.  Plaintiffs brought suit against FKB’s client for alleged failure to provide adequate insurance coverage.

In obtaining the pre-answer dismissal, FKB successfully argued that Plaintiffs’ Complaint failed to state a claim against the insurance broker, as Plaintiffs failed to allege that they made a specific request for a specific amount of coverage that was not provided to them.  The Court adopted FKB’s arguments, reaffirming the holding that a case for negligence or breach of contract against an insurance broker, a plaintiff must establish that a specific request was made to the broker for the coverage that was not provided. See Am. Bldg. Supply Corp. v. Petrocelli Grp., Inc., 19 NY3d 730, 735 (2012).  FKB further argued that its client had no continuing duty to advise Plaintiffs to increase their coverage in anticipation of inflation, and that it had no special relationship with Plaintiffs that would create any additional responsibilities on its part.

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