Brown Gavalas & Gromm, LLP
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Professional Liability

Plaintiff, a construction company, sued our client, an insurance broker, alleging that our client failed to notify its excess carrier of two wrongful death claims in which an automobile struck a backhoe resulting in the death of the driver and passenger of the automobile.  Brown Gavalas & Fromm, on behalf of the insurance broker, moved to dismiss the complaint on the grounds that an insurance broker does not have a duty to notify the excess carrier of potential claims and there was no contractual agreement requiring it to do so. The Supreme Court granted the motion and dismissed plaintiff's claims against our client and the Appellate Division unanimously affirmed the dismissal. Tully Construction Co. v. March U.S.A. and Allied North America Insurance Brokerage Corp. of New York, 65 A.D.3d 627; 884 N.Y.S.2d 165 (2 nd Dep't 2009)