BRUCKMANN, ROSSER, SHERRILL & CO., L.P. v. MARSH USA, INC.


65 A.D.3d 865 (2009)

885 N.Y.S.2d 276

BRUCKMANN, ROSSER, SHERRILL & CO., L.P., et al., Appellants-Respondents, v. MARSH USA, INC., et al., Respondents-Appellants.

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

Decided September 1, 2009.


The second cause of action for breach of contract should be reinstated. "Under New York law, a party who has engaged a person to act as an insurance broker to procure adequate insurance is entitled to recover damages from the broker if the policy obtained does not cover a loss for which the broker contracted to provide insurance, and the insurance company refuses to cover the loss" (Long Is. Light. Co. v Steel Derrick Barge "FSC 99", 725 F.2d 839

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