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BLAKE v. FORD MOTOR COMPANY

41 A.D.3d 150 (2007)

837 N.Y.S.2d 136

LLOYD BLAKE et al., Appellants, v. FORD MOTOR COMPANY et al., Defendants. GUIDEONE INSURANCE COMPANY, Nonparty Respondent.

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

Decided June 7, 2007.

The proposed amendment, which seeks to add claims of fraud and fraudulent concealment against the van's insurer based on its failure to warn the van's owner of the van's rollover risk, was properly denied for lack of merit (see Thompson v Cooper, 24 A.D.3d 203, 205 [2005]). In the absence of a fiduciary relationship between the van's owner and its insurer, the insurer was under no duty...

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