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KATZ v. TOWER INSURANCE COMPANY OF NEW YORK

34 A.D.3d 432 (2006)

824 N.Y.S.2d 146

ISAAC KATZ, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant, and SILBERSTEIN BROKERAGE, INC., Appellant.

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

Decided November 8, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

An insurance agent or broker may be held liable under a theory of negligence for failing to procure insurance (see Mickey's Rides-N-More, Inc. v Anthony Viscuso Brokerage, Inc., 17 A.D.3d 328, 329 [2005]; Structural Bldg. Prods. Corp. v Business Ins. Agency, 281 A.D.2d 617 [2001]; American Ref-Fuel Co. of...

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