The insurer alleges that it would not have issued the disability policy in question had the application therefor, prepared by the broker, not omitted the fact that the broker had procured a similar policy for the insured from another insurer. The insurer further alleges that it is obligated to make payments under the policy, and seeks in this action to recover those payments from the broker. The motion court correctly held that the cause of action for indemnification is subject...
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