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EDELMAN v. O'TOOLE-EWALD ART ASSOCIATES, INC.

28 A.D.3d 250 (2006)

814 N.Y.S.2d 98

ASHER B. EDELMAN, Appellant, v. O'TOOLE-EWALD ART ASSOCIATES, INC. et al., Respondents, et al., Defendants.

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

April 11, 2006.

In this action by an art collector against appraisers hired by his property insurer to evaluate damage to one of his paintings while on loan, plaintiff failed to demonstrate the requisite elements of his claims for appraiser malpractice, fraud and breach of fiduciary duty. Normally, insurance companies do not owe a fiduciary duty to their insureds, absent a showing of some special relationship (see Murphy v. Kuhn,

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