Joseph Francoeur (Partner-New York, NY) and Eve Mouzouris (Associate-New York, NY) obtained dismissal in New York County Supreme Court on behalf of an insurance broker in a million-dollar third-party action alleging negligence, breach of contract and special relationship. Our client broker procured coverage for an owner of three attached buildings located in Queens County. When a fire caused significant damage, the owner made a claim to the insurance carrier that was denied in part and coverage of one of the attached buildings was limited to 2,146 square feet. The owner brought a third-party action claiming that its damaged property was significantly larger and therefore the coverage procured by the broker was inadequate. We filed a pre-answer motion to dismiss based on documentary evidence stating that not only was the property description provided to the carrier correct because it was obtained directly from the owner but that all public records reflected 2,146 square feet. Any additional square footage, Joe and Eve argued, was due to an unlawful addition constructed by the owner of which the city had no knowledge, essentially amounting to insurance fraud. The court agreed, striking down the owner’s reliance on an e-mail in which it is stated that the broker procured “adequate” coverage and declaring such language does not support a breach of contract or negligence claim. Finally, the court highlighted that in its opposition, the owner did not deny that it originally represented that the subject premises was 2,146 square feet or claim that the number it submitted was in error.