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TRANS-RESOURCES v. NAUSCH

298 A.D.2d 27 (2002)

746 N.Y.S.2d 701

TRANS-RESOURCES, INC., et al., Respondents, v. NAUSCH HOGAN AND MURRAY, Defendant and Third-Party Plaintiff-Appellant. RFC INTERMEDIARIES, INC., Third-Party Defendant-Respondent.

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

August 29, 2002.

Attorney(s) appearing for the Case

Rolf E. Gilbertson and Chad A. Snyder of counsel (Dale C. Christensen, Jr., Anne C. Patin, Richard Voelbel and Michelle K. Enright on the brief; (Seward & Kissel LLP and Zelle, Hofmann, Voelbel, Mason & Gette LLP, attorneys), for respondents.

Thorn Rosenthal of counsel (Thomas W. Hyland, Richard E. Lerner, Laura E. Evangelista and Amy McManus on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker LLP and Cahill Gordon & Reindel, attorneys), for defendant and third-party plaintiff-appellant.

Sue C. Jacobs of counsel (Lester Chanin on the brief; Goodman & Jacobs, LLP, attorneys), for third-party defendant-respondent.

SAXE, J.P., BUCKLEY, SULLIVAN and ROSENBERGER, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

This action is brought by a reinsurance company in the name of the insureds (plaintiffs Trans-Resources, Inc. and Haifa Chemicals, Ltd., together, Trans-Resources) with which it settled a coverage dispute. Supreme Court held, as a matter of law, that defendant insurance broker, Nausch Hogan and Murray, was liable to Trans-Resources for the lack of coverage that resulted from the reinsurer's rejection of their claim. This...

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