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AMERICAN REF-FUEL COMPANY OF HEMPSTEAD v. RESOURCE RECYCLING, INC.

281 A.D.2d 574 (2001)

722 N.Y.S.2d 571

AMERICAN REF-FUEL COMPANY OF HEMPSTEAD, Plaintiff, v. RESOURCE RECYCLING, INC., et al., Defendants, JACK O. A. NELSON AGENCY et al., Appellants, and UNIVERSAL WELDING & ENGINEERING, Defendant and Third-Party Plaintiff-Respondent. FIREMAN'S FUND INSURANCE COMPANY OF WISCONSIN et al., Third-Party Defendants-Respondents.

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

Decided March 26, 2001.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

"[A]n agent or broker may be held liable for neglect in failing to procure insurance with liability limited to that which would have been borne by the insurer had the policy been in force" (Kinns v Schulz, 131 A.D.2d 957, 959; see, Tucci v Hartford Cas. Ins. Co., 167...

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