BALFOUR MACLAINE CORP. v. NAT'L UNION FIRE INS. CO. OF PITTSBURGH


187 A.D.2d 272 (1992)

Balfour Maclaine Corp. et al., Appellants, v. National Union Fire Insurance Company of Pittsburgh, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 5, 1992


We agree with the IAS Court that introducing brokers are neither employees of nor registered representatives associated with futures commodity merchants, but independent contractors separately registered with the Commodity Futures Trading Commission. Accordingly, plaintiff merchant may not look to its fidelity bond with defendant insurance company for defalcations of the introducing brokers, the latter being neither plaintiff's employees nor registered representatives associated...

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