Jet Setting Service Corp. v. Toomey
Appellate Division of the Supreme Court of the State of New York
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
- Harris v. . TumbridgeNew York Court of Appeals · 1880
- Clinchy v. Grandview Dairy, Inc.New York Court of Appeals · 1940
- Woods Patchogue Corp. v. Franklin National InsuranceNew York Court of Appeals · 1959
3Cited by9 opinions
- Brown MacH. Works & Supply Co. v. Ins. Co. of North Am.Supreme Court of Alabama · 1995
- Incorporated Village of Pleasantville v. Calvert InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
- U.S. Underwriters Insurance v. Manhattan Demolition Co.Appellate Division of the Supreme Court of the State of New York · 1998
- U.S. Delivery Systems, Inc. v. National Union Fire Insurance of PittsburghAppellate Division of the Supreme Court of the State of New York · 1999
- Fox-Knapp, Inc. v. Employers Mutual Casualty Co.District Court, S.D. New York · 1989
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