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​ THE ALLEGATIONS DID NOT RAISE A QUESTION OF FACT WHETHER THERE WAS A SPECIAL RELATIONSHIP BETWEEN PLAINTIFF AND DEFENDANT INSURANCE AGENT SUCH THAT PLAINTIFF COULD RELY ON THE AGENT TO CORRECT ANY MISREPRESENTATIONS IN THE INSURANCE APPLICATION (FIRST DEPT).

The First Department, reversing Supreme Court, determined the insurance agent’s (Brownstone’s) motion for summary judgment in this insurance-coverage dispute should have been granted. The insurer disclaimed coverage for damage caused by a fire on plaintiff’s property. Plaintiff alleged there was a special relationship between plaintiff and the agent and plaintiff relied on the agent to correct any misrepresentations in plaintiff’s insurance application. The First Department held the allegations did not raise a question of fact about the existence of a special relationship:

Brownstone established its prima facie entitlement to summary judgment dismissing plaintiff’s lone claim against it, based on an affidavit of its representative that coverage on the policy was disclaimed due to plaintiff’s alleged material misrepresentations in its application for insurance. …

There were no allegations, let alone evidence, to support a triable issue that plaintiff made a specific request for Brownstone to review its insurance application for any inaccuracies, or that a special relationship existed between plaintiff and Brownstone solely on the basis that the parties had an extended relationship as to insurance dealings … . Plaintiff’s general requests for coverage will not satisfy the requirement of a specific request for a certain type of coverage … . The property coverage provided was not shown to be insufficient for purposes of the insurance application that plaintiff submitted. Absent evidence of a special relationship, it remained plaintiff insured’s responsibility to both review the insurance policy issued, and to correct any inaccuracies present on the insurance application … . 354 Chauncey Realty, LLC v Brownstone Agency, Inc., 2023 NY Slip Op 00941, First Dept 2-21-23

Practice Point: General requests for insurance coverage and a long relationship with the insurance agent do not establish a special relationship such that the insured can rely on the agent to correct misrepresentations in the insurance application.

 

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