LCBF obtains pre-discovery dismissal of claims against insurance broker

This case stemmed from an accident at a NY construction site where the plaintiff filed suit against various defendants including the owner of the premises.  The owner filed a third-party complaint against the tenant’s insurance broker for its alleged failure to provide additional insured coverage for the owner.  In lieu of an answer for the insurance broker, LCBF filed a CPLR 3211(a) motion to dismiss the third-party complaint for failure to state a claim against the broker because the owner was not in privity with the insurance broker.  We also argued there was no basis to impose fiduciary duties upon an insurance broker under the special relationship doctrine.  The opposition argued that our motion was premature because of the lack of discovery.

The Supreme Court of New York, Kings County, granted our motion and dismissed the third-party complaint against the insurance broker, with prejudice.  The LCBF litigation team was headed by Gerald Ford.