Attorneys Mario Castellitto and Jeffrey Briem Succeed in Winning Dismissal of New York Case Alleging Breach of Fiduciary Duty on Behalf of Insurance Broker

January 17, 2008

HAWTHORNE, New York - TRAUB LIEBERMAN STRAUS & SHREWSBERRY congratulates Mario Castellitto and Jeffrey Briem on their victory in the case Chaps Properties, LLC v. Greater New York Insurance Company, et. al., venued in New York Supreme Court, Westchester County. 

Plaintiff, a Westchester corporation, alleged that a fire in its premises caused  hundreds of thousands of dollars in property damage and lost rents. The plaintiff submitted its claim to its insurance broker, who in turn forwarded the claim to the plaintiff’s insurer.  There was a dispute regarding the total amount of the loss, and the insurance company provided the plaintiff with a check for the undisputed amount.  The plaintiff brought suit against the insurer and the insurance broker, claiming, amongst other things, that the insurance broker owed the plaintiff a duty as its agent regarding the insurance agreement, and that the broker breached that duty when it failed to adequately assist in obtaining the disputed proceeds.

Attorneys Mario Castellitto and Jeffrey Briem filed a motion to dismiss the action asserted against the insurance broker. In their motion papers, counsel argued, amongst other things, that the plaintiff failed to state a valid cause of action against the insurance broker, as no such fiduciary duty exists under New York law.  The Court agreed, and dismissed the plaintiff’s claims against the insurance broker, with prejudice.

TRAUB LIEBERMAN STRAUS & SHREWSBERRY applauds the efforts of Mr. Castellitto and Mr. Briem on behalf of their client. For more information on Mr. Castellitto, a partner with TLSS, please visit:

http://tels.com/profiles/mariocastellitto/

And for more information on Mr. Briem, an associate with TLSS, please visit:

http://tels.com/profiles/jeffreybriem/