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DOMINION FINANCIAL CORP. v. ASSET INDEMNITY BROKERAGE CORP.

60 A.D.3d 461 (2009)

874 N.Y.S.2d 115

DOMINION FINANCIAL CORP., Respondent-Appellant, v. ASSET INDEMNITY BROKERAGE CORP., Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 10, 2009.

In this action against an insurance broker for failure to properly procure insurance, plaintiff asserts claims on its own behalf and as the assignee of the claims of defendant's client against defendant. Plaintiff has alleged facts sufficient to demonstrate that it was an intended beneficiary not only of the surety coverage procured by defendant, in which it was so named, but also of defendant's agreement with its client to procure...

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