Legal Opinion

Jet Setting Service Corp. v. Toomey

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 1983PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Ross, J.

We are well aware of the hornbook principle that an insurance broker is an agent of the insured (Clinchy v Grandview Dairy, 283 NY 39). Although we are constrained to accept this principle, we believe that the facts in this case may compel a contrary conclusion insofar as this suit is concerned.

*432Plaintiff is a jewelry contractor. Michael Zuckerman (Zuckerman), who is secretary-treasurer of the plaintiff, described plaintiff’s business this way: “We performed services for certain accounts in the jewelry trade, such as setting stones in rings, watches, etc.; polishing…

2Cases cited3 opinions

  1. Harris v. . TumbridgeNew York Court of Appeals · 1880
  2. Clinchy v. Grandview Dairy, Inc.New York Court of Appeals · 1940
  3. Woods Patchogue Corp. v. Franklin National InsuranceNew York Court of Appeals · 1959

3Cited by9 opinions

  1. Brown MacH. Works & Supply Co. v. Ins. Co. of North Am.Supreme Court of Alabama · 1995
  2. Incorporated Village of Pleasantville v. Calvert InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  3. U.S. Underwriters Insurance v. Manhattan Demolition Co.Appellate Division of the Supreme Court of the State of New York · 1998
  4. U.S. Delivery Systems, Inc. v. National Union Fire Insurance of PittsburghAppellate Division of the Supreme Court of the State of New York · 1999
  5. Fox-Knapp, Inc. v. Employers Mutual Casualty Co.District Court, S.D. New York · 1989

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