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WISNISKI v. BROWN & BROWN INS. CO. OF PA

906 A.2d 571 (2006)

Mark and Elizabeth WISNISKI t/d/b/a Saturn Surplus, Appellants, v. BROWN & BROWN INS. CO. OF PA, Donald Blood and Will Rineer, EMC Ins. Co. and Scott W. Ahlstrom, Appellees. Mark and Elizabeth Wisniski t/d/b/a Saturn Surplus, Appellees, v. Brown & Brown Ins. Co. of PA, Donald Blood and Will Rineer, EMC Ins. Co. and Scott W. Ahlstrom, Appellants.

Superior Court of Pennsylvania.

Filed August 15, 2006.

Attorney(s) appearing for the Case

Timothy Nieman, Harrisburg, and Lori Miller, Blue Bell, for Wisniski.

Michele J. Thorp, Harrisburg, for Brown & Brown.

BEFORE: LALLY-GREEN, GANTMAN, and CAVANAUGH, JJ.

OPINION BY LALLY-GREEN, J.:

¶ 1 This case is on remand from our Supreme Court. We must consider whether insurance brokers have a duty to inspect a business property for purposes of offering flood insurance, using the framework set forth in Althaus v. Cohen, 562 Pa. 547, 756 A.2d 1166 (2000). Using that framework, we conclude that no such duty exists. We therefore affirm the trial court's grant of summary judgment.

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