Chase's Cigar Store, Inc. v. Stam Agency, Inc.
Cases that cite this one
16 later published cases cite this decision.
- Ambroselli v. C.S. Burrall & Son, Inc. (District Court, W.D. New York 2013)
- PAGE ONE AUTO SALES, INC. v. BROWN & BROWN OF NEW YORK, INC. (Appellate Division of the Supreme Court of New York 2011)
- Page One Auto Sales, Inc. v. Brown & Brown of New York, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Estate of Hill v. Allstate Insurance (United States District Court for the District of Colorado 2004)
- Walker v. Erie Ins. Co. (Appellate Division of the Supreme Court of New York 2022)
- Walker v. Erie Ins. Co. (Appellate Division of the Supreme Court of New York 2022)
- NICOTERA, FRED J. v. ALLSTATE INSURANCE COMPANY (Appellate Division of the Supreme Court of New York 2017)
- Nicotera v. Allstate Insurance Co. (Appellate Division of the Supreme Court of New York 2017)
- Nicotera v. Allstate Insurance Co. (Appellate Division of the Supreme Court of New York 2017)
- American Building Supply Corp. v. Petrocelli Group, Inc. (N.Y. 2012)
- Hersch v. DeWitt Stern Group, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Thompson & Bailey, LLC v. Whitmore Group, Ltd. (Appellate Division of the Supreme Court of New York 2006)
- Noroian v. Cohen (Appellate Division of the Supreme Court of New York 2004)
- McLaughlin v. Nationwide Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2004)
- Frost v. Mayville Tremaine, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Reilly v. Progressive Insurance (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed
“In New York, the duty owed by an insurance agent to an insurance customer is ordinarily defined by the nature of the request a customer makes to the agent” (Wied v New York Cent. Mut. Fire Ins. Co., 208 AD2d 1132, 1133). It is undisputed that plaintiff never requested that defendant obtain employee theft/dishonesty coverage. Because defendant obtained the insurance coverage that plaintiff requested, it fully discharged its duty to plaintiff (see, Ambrosino v Exchange Ins. Co., 265 AD2d 627, 627-628).
While conceding that it never requested employee theft/ dishonesty coverage, plaintiff nevertheless contends that defendant breached its agreement to review plaintiffs existing insurance policy and obtain appropriate business owners insurance coverage for plaintiff. We reject the contention of plaintiff that, under the circumstances presented here, it had a “special relationship” with defendant such that plaintiff was entitled to rely upon the representations of defendant’s agent that the new policy was “a better policy” than plaintiffs existing policy (see, Murphy v Kuhn, 90 NY2d 266, 270-273; Ambrosino v Exchange Ins. Co., supra, at 628; Wied v New York Cent. Mut. Fire Ins. Co., supra, at 1133-1134).
In any event, once plaintiff received the declarations pages and insurance policy, it had “conclusive presumptive knowledge” of the terms and limits of the policy (Rogers v Urbanke, 194 AD2d 1024, 1024-1025; see, Madhvani v Sheehan, 234 AD2d 652, 654-655). Here, the declarations pages did not indicate that there was any optional coverage for employee
Case-law data current through December 31, 2025. Source: CourtListener bulk data.