(DOWNLOAD) "Eric Erwig v. Edward F. Cook Agency" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Eric Erwig v. Edward F. Cook Agency
- Author : Supreme Court of New York
- Release Date : January 06, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
DECISION & ORDER The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom
terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal
from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501[a][1]). We are satisfied that no issues of material fact precluded the granting of summary judgment in the defendant's favor. There
is no common-law duty of an insurance company or its agency to advise a client to procure coverage not already provided in
the client's policy (see, Downey v Allstate Ins. Co., 638 F Supp 322, 323 [SDNY]; Callahan v American Motorists Ins. Co.,
56 Misc. 2d 734). Moreover, even if there is an issue of fact as to whether the defendant was an agent of the plaintiff's
parents (under whose policy he was named), the issue is not material. While an insurance broker acting as an agent of its
customer has a duty of reasonable care to the customer to obtain the requested coverage within a reasonable time after the
request, or to inform the customer of the agent's inability to do so, the agent owes no continuing duty to advise, guide or
direct the customer insured to obtain additional coverage (see, Blonsky v Allstate Ins. Co., 128 Misc. 2d 981). The record
establishes only that the plaintiff's mother inquired of the defendant whether she had good coverage for the plaintiff taking
a car out of State. She made no specific request for coverage that would have provided protection in the event of an accident
with an underinsured motorist. In the absence of a specific request, the defendant had no duty to recommend or obtain that
coverage.
 "Eric Erwig v. Edward F. Cook Agency" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}