Insurance Agent Awarded Summary Judgment on Negligence, Breach of Fiduciary Claims in Hurricane Irene Case

NEW YORK — An insurance agent cannot be held liable to a policyholder on theories of negligence and breach of fiduciary duty in a Hurricane Irene property damage action, a New York judge has ruled, holding that no “special relationship” existed between the parties.

On Jan. 9, Judge Gerald Lebovits of the New York County Supreme Court explained that the agent had no continuing duty to advise, guide or direct the policyholder to obtain additional flood coverage.

Rick Friedman Enterprises Ltd. d/b/a Artvale is a New York corporation engaged in the business of wholesale fabric and textile sales. Artvale stored …