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POINT O'WOODS ASSOCIATION v. THOSE UNDERWRITERS AT LLOYD'S

288 A.D.2d 78 (2001)

733 N.Y.S.2d 146

POINT O'WOODS ASSOCIATION, Plaintiff, v. THOSE UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO CERTIFICATE No. 6771, Appellant, and HALL AGENCY OF BAYSHORE, INC., Doing Business as TERRY GIBSON & HALL, Respondent.

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

Decided November 15, 2001.

The subject cross claims, which are based upon omissions of prior losses made by the broker in preparing plaintiff insured's application for excess flood insurance with the carrier, were properly dismissed for lack of evidence tending to show conduct by the broker linking it to the carrier in a manner creating a relationship between them approaching privity. To show the necessary linking conduct, the carrier relies on a phrase contained...

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