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ROUNDABOUT THEATRE COMPANY, INC. v. CONTINENTAL CASUALTY COMPANY

7 A.D.3d 360 (2004)

775 N.Y.S.2d 857

ROUNDABOUT THEATRE COMPANY, INC., ET AL., Appellants, v. CONTINENTAL CASUALTY COMPANY, Defendant, and J&H MARSH & McLENNAN, INC., Respondent.

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

May 13, 2004.

No issues of fact exist as to whether defendant owed plaintiff any advisory responsibilities, or other duty beyond the procurement of requested insurance, such as would make defendant liable for plaintiff's uninsured business interruption loss (see Murphy v Kuhn, 90 N.Y.2d 266). The policy in effect at the time of the loss had been procured by defendant's predecessor (see 302 A.D.2d 1, 4...

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