L.C.E.L. Collectibles, Inc. v. American Insurance

228 A.D.2d 196, 643 N.Y.2d 102, 643 N.Y.S.2d 102, 1996 N.Y. App. Div. LEXIS 6407

Opinion

The motion court properly dismissed the action as against defendants-respondents, operating as an independent insuranee agency, on the ground that they had no duty to recommend flood insurance or to inspect the location of plaintiffs property to determine whether it was near a flood plain or swamp, where plaintiff neither specifically requested such insurance nor communicated the area’s susceptibility to flood damage (see, Wied v New York Cent. Mut. Fire Ins. Co., 208 AD2d 1132). Plaintiff’s request for "the best and most comprehensive coverage” did not trigger such a duty (see, Chaim v Benedict, 216 AD2d 347), nor did it relieve plaintiff of its obligation to read the policy, which contained an express exclusion for flood loss (see, Rogers v Urbanke, 194 AD2d 1024). Concur— Milonas, J. P., Rosenberger, Ross and Tom, JJ.