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Flanagan and Tripolsky Obtain Dismissal of Insurance Broker Alleged Negligence

October 1, 2020

Chris Flanagan (Partner-Boston) and Marissa Tripolsky (Associate-Boston) obtained dismissal on behalf of the firm’s client, a leading North American insurance broker. The plaintiff alleged that the firm’s client failed to advise the retention of insurance policies for more than seven years, and the plaintiff was unable to locate policies for a specific time period during which the plaintiff’s alleged negligence occurred, exposing the plaintiff to significant potential exposure. Chris and Marissa argued that the Complaint is barred by the statute of limitations, as the plaintiff first knew or should have known that appreciable harm had been suffered as a result of the firm’s client’s alleged negligence more than three years prior to the filing of suit, and that the Complaint failed to allege that negligent advice was given by a legal predecessor to the firm’s client, and there is no legal basis for the plaintiff’s breach of fiduciary duty claim against the firm’s client. The court granted dismissal on the basis of the statute of limitations argument and did not address the other arguments in the motion. The court specifically held, agreeing with the argument in the motion, that the plaintiff suffered appreciable harm at least seven years prior to filing suit and that the statute of limitation expired at least four years prior to filing suit.

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