From Casetext: Smarter Legal Research

L.C.E.L. Collectibles, Inc. v. Am. Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 196 (N.Y. App. Div. 1996)

Summary

In LCEL Collectibles v. American Insurance Company, 228 A.D.2d 196, 643 N.Y.S.2d 102 (App.Div.NY Supreme CT, 1996), the court upheld the dismissal by the trial court of the plaintiff's suit against their insurance broker for the alleged failure to procure adequate insurance.

Summary of this case from Pine Orchard Yacht & Country Club, Inc. v. Sinclair Insurance Group, Inc.

Opinion

June 6, 1996

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


The motion court properly dismissed the action as against defendants-respondents, operating as an independent insurance agency, on the ground that they had no duty to recommend flood insurance or to inspect the location of plaintiff's property to determine whether it was near a flood plain or swamp, where plaintiff neither specifically requested such insurance nor communicated the area's susceptibility to flood damage ( see, Wied v. New York Cent. Mut. Fire Ins. Co., 208 A.D.2d 1132). Plaintiff's request for "the best and most comprehensive coverage" did not trigger such a duty ( see, Chaim v. Benedict, 216 A.D.2d 347), nor did it relieve plaintiff of its obligation to read the policy, which contained an express exclusion for flood loss ( see, Rogers v. Urbanke, 194 A.D.2d 1024).

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.


Summaries of

L.C.E.L. Collectibles, Inc. v. Am. Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 196 (N.Y. App. Div. 1996)

In LCEL Collectibles v. American Insurance Company, 228 A.D.2d 196, 643 N.Y.S.2d 102 (App.Div.NY Supreme CT, 1996), the court upheld the dismissal by the trial court of the plaintiff's suit against their insurance broker for the alleged failure to procure adequate insurance.

Summary of this case from Pine Orchard Yacht & Country Club, Inc. v. Sinclair Insurance Group, Inc.
Case details for

L.C.E.L. Collectibles, Inc. v. Am. Ins. Co.

Case Details

Full title:L.C.E.L. COLLECTIBLES, INC., Appellant, v. AMERICAN INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 6, 1996

Citations

228 A.D.2d 196 (N.Y. App. Div. 1996)
643 N.Y.S.2d 102

Citing Cases

Lab, LLC v. Travelers Prop. Cas. Co. of Am.

Further, Conti admitted he could not recall whether his request for business interruption insurance coverage…

Pine Orchard Yacht & Country Club, Inc. v. Sinclair Insurance Group, Inc.

The court of appeals said the trial court properly granted summary judgment dismissing his claim against the…