WENDER v. GILBERG AGENCY, INC.


304 A.D.2d 311 (2003)

757 N.Y.S.2d 286

RICHARD WENDER, Appellant, v. GILBERG AGENCY, INC., et al., Respondents.

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

Decided April 1, 2003.


Plaintiff claims that he relied on the agent's advice in purchasing one disability policy and surrendering another; that he would not have relied on such advice to the extent that he did had the agent revealed that his contract with the agency contained an "exclusive dealing" clause prohibiting him from doing business for any carrier other than the one whose policy he recommended and plaintiff selected; and that plaintiff sustained a loss because the "specialty" provision...

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