Lee v. La Brake

—Judgment unanimously reversed on the law without costs, petition reinstated and judgment granted in accordance with the following Memorandum: Anthony and Nelson Fasciano, Jr., operators of a business in Niagara Falls, suffered a loss due to water damage from a broken pipe in their warehouse. A claim for that loss was made through their broker, Robert E. Lee. The Hartford Insurance Company denied the claim because the loss was not covered under their policy. The Fascianos claimed that they contracted for an "all risk” policy, rather than the policy Lee secured from Hartford that did not cover…