Legal Opinion

Bruckmann, Rosser, Sherrill & Co. v. Marsh USA, Inc.

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

Decided June 28, 2011PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

This action, which is before us for the second time on appeal, involves a dispute between plaintiff insureds (BRS) and their broker. The remaining causes of action sound in breach of contract and negligence. On this appeal, we are asked to determine, as a matter of law, whether the coverage afforded to BRS by its policy with American International Surplus Lines Insurance Company (AISLIC), placed by defendant Marsh, was limited by a “tie-in” provision, also referred to as an “anti-stacking” provision. We find that there is such a limitation of coverage.…

2Cases cited4 opinions

  1. Mionis v. Bank Julius Baer & Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Bruckmann, Rosser, Sherrill & Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Greater New York Mutual Insurance v. Mutual Marine Office, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Murphy v. RMTS Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by3 opinions

  1. American International Specialty Lines Insurance v. Kagor Realty Co. LLCAppellate Division of the Supreme Court of the State of New York · 2015
  2. Strauss Painting, Inc. v. Mt. Hawley InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
  3. Strauss Painting, Inc. v. Mt. Hawley InsuranceAppellate Division of the Supreme Court of the State of New York · 2013

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