Voss v. Netherlands Ins. Co.

This action stemmed from property damage and the resulting business interruption sustained by Plaintiffs as a result of water damages that occurred following three separate roof breaches. Plaintiffs were Deborah Voss and three business entities owned and controlled by her. Plaintiffs sued CH Insurance Brokerage Services Co. (CHI), their insurance broker, arguing that a special relationship existed with CHI and that CHI had negligently secured inadequate levels of business interruption insurance for the three losses. Supreme Court granted summary judgment for CHI, and the Appellate Division affirmed. The Court of Appeals reversed, holding that CHI did not satisfy its initial burden of establishing the absence of a material issue of fact as to the existence of a special relationship. View "Voss v. Netherlands Ins. Co." on Justia Law