Joseph Francoeur (Partner-New York, NY) and Hayley Weisman (Associate-New York, NY) obtained summary judgment in the New York State Supreme Court, Bronx County, for Wilson Elser’s wholesale broker client, securing dismissal of all claims and cross-claims in a negligence action involving insurance coverage. After a fire at the plaintiff’s three-family residence, the insurer denied coverage because the policy covered only one- and two-family homes. The plaintiff sued the wholesale and retail brokers, alleging they negligently failed to procure coverage for a three-family residence.

After discovery, Joe and Hayley moved for summary judgment, arguing that the client, acting solely as a wholesale broker, owed no duty to plaintiff and that the coverage obtained matched the coverage the plaintiff requested. The plaintiff opposed the motion, arguing that the lack of a signed application and inconsistencies in the information concerning the home’s construction date and number of stories established independent, affirmative acts of negligence sufficient to create a direct duty of care. The plaintiff also attempted to create issues of fact regarding his request for coverage, contradicting prior deposition testimony that he requested coverage for a two-family home and claiming he did not recall requesting it. Ultimately, the court agreed with Wilson Elser’s arguments, finding that the client acted solely as a wholesale broker and that no basis existed to impose an additional duty of care. The court also found that the policy obtained corresponded to the information the plaintiff supplied, and his attempt to contradict his prior deposition testimony created only a feigned issue of fact. Accordingly, the court granted summary judgment and dismissed the complaint and all cross-claims in their entirety.