· 6/30/1992
In re Manuel L.
Citations
- 184 A.D.2d 485
- 587 N.Y.S.2d 151
- 1992 N.Y. App. Div. LEXIS 8626
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[w]hile an insured’s failure to read or understand the policy or to comply with its requirements may give rise to a defense of comparative negligence in a malpractice suit against the broker, the insured’s conduct does not, as the motion court held, bar such an action”
- further noting that “[a]n insured has a right to look to the expertise of its broker with respect to insurance matters” and that “it is no answer for the broker to argue, as an insurer might, that the insured has an obligation to read the policy”
- “While an insured's failure to read or understand the policy or to comply with its requirements may give rise to a defense of comparative negligence in a malpractice suit against the broker, the insured's conduct does not. . . . bar such an action.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.