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PEOPLE v. LIBERTY MUTUAL INSURANCE COMPANY

52 A.D.3d 378 (2008)

861 N.Y.S.2d 294

THE PEOPLE OF THE STATE OF NEW YORK, by Andrew M. Cuomo, Attorney General of the State of New York, Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY et al., Appellants.

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

Decided June 19, 2008.

"Contingent commission agreements between brokers and insurers are not illegal, and, in the absence of a special relationship between the parties, defendant[s] had no duty to disclose the existence of the contingent commission agreement" (Hersch v DeWitt Stern Group, Inc., 43 A.D.3d 644, 645 [2007] [citation omitted]; see also Ops Gen Counsel NY Ins Dept No. 05-08-18 [Aug. 2005] ["neither the Insurance Law nor the regulations...

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