Laventhol & Horwath v. Dependable Ins. Associates, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a plaintiff acquires a cause of action against her broker where the broker does not follow instructions, and the broker is liable for the loss to the same extent as the insurer had insurance been properly effected
• an insured may pursue a cause of action against two possible insurers, but he can only have one satisfaction of his claim
• a party may maintain separate causes of action for the same losses though only one satisfaction is possible
• “[Broker], therefore, stands in the position of [the insurer] if the [insurer’s] policy would have covered [insured]’s loss but for [broker’s] fault.”
• where a plaintiff suffers losses and the insurer denies coverage due to the broker’s actions, the necessary elements for a cause of action against the broker are satisfied

Source: CourtListener parenthetical corpus (CC0).