An appellate court in New York has affirmed a trial court'sdecision dismissing negligence and breach of contract actionsbrought by an insured against its insurance agent, finding that theagent could not be held liable in this Superstorm Sandy case forany negligence or contract breach that may have been committed byhis agency (a corporation).
The Case
Lido Beach Towers, a condominium building in Lido Beach, on theSouth Shore of Long Island, New York, suffered extensive damagefrom Superstorm Sandy. The Towers went to court seeking to recoverdamages for breach of contract, injury to property, and grossnegligence against, among others, Denis A. Miller, individually,and Denis A. Miller Insurance Agency, Inc. ("DMA"). The Towersalleged that the defendants had failed to procure and maintainsufficient flood coverage insurance limits on the building.
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