Legal Opinion
Bennion v. Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2001Published
1Opinion of the Court
Contrary to the contention of Allstate, Supreme Court properly denied that part of its motion seeking summary judgment dismissing the first cause of action. “[A] broker is normally the agent of the insured and notice to the ordinary insurance broker is not notice to the liability carrier” (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436, 442, n 3). Notice to the broker will constitute such notice, however, if it is established that the broker was acting as the carrier’s agent (see, U.S. Delivery Sys. v National Union Fire Ins. Co., 265 AD2d 402, 402-403; Serravillo v Sterling…
2Cases cited16 opinions
- Walker v. SheldonNew York Court of Appeals · 1961
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
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