Tommy Hilfiger U.S.A., Inc. v. Insurance Co. of North America

Insurance Company of North America (INA) issued a marine insurance policy to plaintiff insuring against the loss of goods and merchandise during shipment to plaintiff’s warehouses. PSFS and co-defendant Grifón Insurance Agency acted as plaintiff’s brokers in procuring the policy, which was a "manuscript” rather than a form policy, specifically tailored to plaintiff’s unique insurance needs.

In February and March 1994, plaintiff allegedly incurred losses resulting from four shipments arriving with significant shortages of goods. INA paid the initial claim, but declined coverage for the three…