N.Y. Judge Pares Fraud, Fiduciary Duty Claims from Superstorm Sandy Suit Against Insurance Broker

MINEOLA, N.Y. — A state court judge has dismissed claims of fraud and breach of fiduciary duty against an insurance broker who allegedly failed to inform its client that a policy covering his Long Island, N.Y., business had been canceled one month before Superstorm Sandy.

Nassau County Supreme Court Justice James P. McCormack said in a decision released March 5 that fraud claims relating solely to the broker’s alleged breach of contract must be dismissed under New York law, which also dictates that plaintiffs suing insurance brokers for breach of fiduciary duty are required to establish the existence of a …