Reviewed September 7, 2026.
In Kay Bee Builders, Inc. v. Merchant's Mutual Insurance Co., 61 AD3d 720 (2009), a contractor sought recovery after spending approximately $140,000 to repair a subcontractor's roof work.
The 2009 appeal concerned the claims against the insurance agent and agency. They showed that they had obtained the specific general-liability coverage requested, and the contractor failed to raise a factual issue or establish a special relationship supporting negligent misrepresentation. The court affirmed dismissal of those claims. It was not a blanket ruling in that appeal that every defendant insurer had no liability.
Put coverage needs in writing
Describe the work, project types, subcontracting arrangements and particular risks to the broker. Ask how the proposed forms address defective work, resulting property damage, employee claims and any coverage promised in the construction contract.
Compare the request with the policy actually delivered. A general request for business insurance may not secure a particular risk, but an agent's duties also depend on the agreement and relationship. Keep the application, proposals, requests, explanations and final policy for later review.
Kushnick Pallaci PLLC assists clients throughout New York with construction insurance coverage and procurement disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
No comments:
Post a Comment