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HOUSTON CAS. CO. v. CAVAN CORP. OF NY

6458, 651981/14, 595609/14.

161 A.D.3d 427 (2018)

76 N.Y.S.3d 39

2018 NY Slip Op 03211

Houston Casualty Company, Respondent-Appellant, v. Cavan Corporation of NY, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent, et al., Defendants. The Ducey Agency, Inc., Third-Party Defendant-Respondent-Respondent.

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

Decided May 3, 2018.

Ducey's cross motion to dismiss the third-party complaint should be denied, and Cavan's motion to amend the first and second causes of action for negligence and breach of contract, respectively, and to add a fourth cause of action for negligent misrepresentation should be granted, as "[u]nder New York law, a party who has engaged a person to act as an insurance broker to procure adequate insurance is entitled to recover damages...

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