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HERRON v. ESSEX INSURANCE COMPANY

34 A.D.3d 913 (2006)

823 N.Y.S.2d 571

RONALD J. HERRON et al., Appellants-Respondents, v. ESSEX INSURANCE COMPANY, Respondent, and HIGH PEAK AGENCY, INC., Respondent-Appellant, et al., Defendant.

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

Decided November 2, 2006.

Mercure, J.P.

In November 2001, plaintiffs and defendant Grand Villa Resort, Inc. entered into a lease agreement permitting Grand Villa to operate a resort on plaintiffs' property in Greene County. As relevant here, the lease agreement required Grand Villa to obtain fire insurance and to list plaintiffs as "mortgage insured" in the policy. Grand Villa sought such insurance through defendant High Peak Agency, Inc., a general insurance agency that had allegedly served...

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