BRUCKMANN & CO. v. MARSH USA

602738/05, 4608.

87 A.D.3d 65 (2011)

926 N.Y.S.2d 471

2011 NY Slip Op 5578

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

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

Decided June 28, 2011.


Attorney(s) appearing for the Case

Willkie Farr & Gallagher LLP, New York City ( Christopher J. St. Jeanos of counsel), for appellants.

Anderson Kill & Olick, P.C., New York City ( Marshall Gilinsky , Finley T. Harckham and Diana Shafter Gliedman of counsel), for respondents.

GONZALEZ, P.J., CATTERSON, RICHTER and ROMÁN, JJ., concur.


OPINION OF THE COURT

ABDUS-SALAAM, J.

This action, which is before us for the second time on appeal, involves a dispute between plaintiff insureds (BRS) and their broker. The remaining causes of action sound in breach of contract and negligence. On this appeal, we are asked to determine, as a matter of law, whether the coverage afforded to BRS by its policy with American International Surplus Lines Insurance Company (AISLIC), placed by defendant Marsh, was...

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