SHEDLER & COHEN, LLP v. AON/ALBERT G. RUBEN INS. SERVS., INC.

Index No. 651404/18. Appeal No. 14495. Case No. 2020-03547.

198 A.D.3d 583 (2021)

152 N.Y.S.3d 903

2021 NY Slip Op 05836

Shedler & Cohen, LLP, et al., Respondents, v. AON/Albert G. Ruben Insurance Services, Inc., Doing Business as AON Risk Solutions, Appellant.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Foley & Lardner LLP, New York ( Anne B. Sekel of counsel), for appellant.

Stewart Occhipinti, LLP, New York ( Erik T. Sorensen of counsel), for respondent.

Concur— Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Defendant, an insurance broker, did not establish that its failure to procure an insurance policy covering plaintiffs' business management services could not have been a proximate cause of plaintiffs' damages. Although the applicable insurance policy contains exclusions for commingling funds and the insurer invoked those exclusions in denying coverage, the exclusions do not provide the only basis for the insurer's denial of coverage, and defendant fails to demonstrate that...

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