New York State Court of Appeals
Special Relationship — Assurances
Deborah Voss v. The Netherlands Insurance Company
Background: At issue is whether a special relationship existed between the insured and their insurance broker. The action arose out of property damage and the consequent business interruption sustained by the plaintiffs as a result of water damage following three roof breaches.
Ruling: The Court of Appeals held that the broker failed to meet its burden justifying summary judgment and dismissal of the complaint was not warranted. The plaintiffs did not allege that they requested higher business interruption policy limits. The issue was the allegation that the broker had assured the plaintiff that the coverage provided was adequate based upon his review of her business finances and the layout of the building. Further, the broker had pledged he would review the coverage annually.
Dirk J. Oudemool for the appellants; Thomas M. Witz for the respondent