Legal Opinion

Murphy v. Kuhn

New York Court of Appeals

Decided June 27, 1997PublishedCited by 226 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The question for this case is whether an insurance agent should be liable to a former customer for tortious misrepresentation and breach of implied contract. The alleged wrongdoing is a failure of the defendant insurance agent to advise plaintiff Thomas Murphy as to possible additional insurance coverage needs. The theory of the lawsuit and the asserted duty is a special relationship and special level of advisory responsibility.

The Appéllate Division affirmed an order of Supreme Court, which granted defendants’ motion for summary judgment and dismissed the…

2Cases cited17 opinions

  1. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  2. Glanzer v. . ShepardNew York Court of Appeals · 1922
  3. Kimmell v. SchaeferNew York Court of Appeals · 1996
  4. White v. GuarenteNew York Court of Appeals · 1977
  5. Ossining Union Free School District v. AndersonNew York Court of Appeals · 1989

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3Cited by226 opinions

  1. Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
  2. J.A.O. Acquisition Corp. v. StavitskyNew York Court of Appeals · 2007
  3. Globalnet financial.com, Inc. v. Frank Crystal & Co., Inc., A.I. Credit Corp., Docket No. 04-6679-CvCourt of Appeals for the Second Circuit · 2006
  4. Chase Scientific Research, Inc. v. Nia Group, Inc.New York Court of Appeals · 2001
  5. Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006

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