NACO, Inc. v. Marenga

OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

*37In this action for breach of a contract to provide public adjustment services in regard to defendant Marenga’s fire insurance claim, plaintiff NACO, Inc., doing business as National Adjustment Co., alleges that Marenga failed to compensate it at the agreed upon rate of 6% of the claim proceeds. Marenga in turn claimed that NACO’s representative, Steven Gilbert, solicited the contract outside the hours permitted by Insurance Law § 2108 (p) and its implementing regulations, that the contract papers were facially…