Fritz v Kurmel Brokerage, Ltd.

Holding The court affirmed summary judgment dismissing the plaintiff’s negligence and breach of contract claims against the insurance broker because the plaintiff failed to make a specific request for the additional coverage he later claimed was missing. The broker had no continuing duty to advise the client on updated coverage absent a specific request or a special relationship.

The court’s words

As a general principle, insurance brokers have a common-law duty to obtain requested coverage for their clients within a reasonable time or inform the client of the inability to do so

2026 NY Slip Op 05769, at the official text

Absent a specific request for coverage not already in a client's policy or the existence of a special relationship with the client, an insurance agent or broker has no continuing duty to advise, guide, or direct a client to obtain additional coverage

2026 NY Slip Op 05769, at the official text

In order for a broker to be held liable under theories of breach of contract or negligence for failing to procure insurance, a plaintiff must demonstrate that the broker failed to discharge the duties imposed by the agreement to obtain insurance

2026 NY Slip Op 05769, at the official text