American National Fire Insurance v. Howland LaClair Associates, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We agree with defendant that Supreme Court erred in refusing to dismiss the complaint and in finding that plaintiff insurer had a valid cause of action for indemnification. Plaintiff had issued an excess coverage policy at the request of defendant insurance agent. In its complaint, plaintiff alleged in a single cause of action that defendant was negligent and thereby breached its written agreement with plaintiff by failing to notify plaintiff of a change in coverage in…