NAT'L UNION FIRE INS. CO. OF PITTSBURGH v. FID. NAT'L TITLE INS. CO. OF NEW YORK


243 A.D.2d 275 (1997)

663 N.Y.S.2d 20

National Union Fire Insurance Company of Pittsburgh, Pa., Plaintiff, v. Fidelity National Title Insurance Company of New York, Formerly Known as Security Title and Guaranty Company, Defendant and Third-Party Plaintiff-Appellant-Respondent, et al., Defendant. Frenkel & Co., Third-Party Defendant-Respondent-Appellant

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

October 7, 1997


Based on the trial court's findings of fact (see, Nightingale Rest. Corp. v Shak Food Corp., 155 A.D.2d 297, lv denied 76 N.Y.2d 702) that the insured relied on its own risk manager to review all of its policies, and that the risk manager had long-term relationships with two other brokers and intended no further relationship with this broker other than the latter's ministerial act of cancelling many of the policies...

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