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NORTH AMERICAN VAN LINES, INC. v. AMERICAN INTERNATIONAL COMPANIES

38 A.D.3d 450 (2007)

832 N.Y.S.2d 530

NORTH AMERICAN VAN LINES, INC., et al., Appellants, v. AMERICAN INTERNATIONAL COMPANIES et al., Respondents, et al., Defendants. (Action No. 1.) NORTH AMERICAN VAN LINES, INC., et al., Appellants, v. AON RISK SERVICES COMPANIES, INC., et al., Respondents. (Action No. 2.)

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

Decided March 27, 2007.

In action No. 1 for breach of contract, plaintiffs allege that broker Aon did not procure the promised insurance, which, as reflected in the binder, covered legal expenses and pre- and postjudgment interest in addition to a per occurrence retention of $5 million, and that insurer AIG issued only a draft policy that plaintiffs did not accept, thereby entitling plaintiffs to sue on the binder. This action was correctly dismissed on the ground that the binder was superseded...

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