MURPHY v. KUHN


90 N.Y.2d 266 (1997)

682 N.E.2d 972

660 N.Y.S.2d 371

Thomas Murphy et al., Appellants, v. Donald C. Kuhn et al., Respondents.

Court of Appeals of the State of New York.

Decided June 27, 1997.


Attorney(s) appearing for the Case

Faraci, Lange, Johns, Regan & Schwarz, L. L. P., Rochester (Paul K. Lange and Matthew F. Belanger of counsel), for appellants.

Lustig & Brown, L. L. P., Buffalo (Maurice L. Sykes and Katherine A. Fijal of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.


BELLACOSA, J.

The question for this case is whether an insurance agent should be liable to a former customer for tortious misrepresentation and breach of implied contract. The alleged wrongdoing is a failure of the defendant insurance agent to advise plaintiff Thomas Murphy as to possible additional insurance coverage needs. The theory of the lawsuit and the asserted duty is a special relationship and special...

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