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Actions by Insureds Against Brokers: 'Special Relationships'
Two years ago, the New York Court of Appeals issued its seminal decision in Voss v. The Netherlands Insurance Company, 22 N.Y.3d 728 (N.Y. 2014), which put some teeth into the concept of a “special relationship” between an insurance broker and an insured. (While it has at times been said that a “broker” represents an insured and an “agent” represents an insurer, this article uses the terms “broker” and “agent” interchangeably.) The Voss court held that a broker could be subject to liability for negligence or other tort claims where such liability would be unattainable in the typical broker-insured relationship.
Since the Voss decision, courts in New York have considered the “special relationship” concept enunciated in Voss a number of times. This article examines the state of the law on the “special relationship” between brokers and their clients following the two-year anniversary of Voss .
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.