An appellate court in New York has affirmed a trial court's decision dismissing negligence and breach of contract actions brought by an insured against its insurance agent, finding that the agent could not be held liable in this Superstorm Sandy case for any negligence or contract breach that may have been committed by his agency (a corporation).
The Case
Lido Beach Towers, a condominium building in Lido Beach, on the South Shore of Long Island, New York, suffered extensive damage from Superstorm Sandy. The Towers went to court seeking to recover damages for breach of contract, injury to property, and gross negligence against, among others, Denis A. Miller, individually, and Denis A. Miller Insurance Agency, Inc. ("DMA"). The Towers alleged that the defendants had failed to procure and maintain sufficient flood coverage insurance limits on the building.
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