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Societa Italiana Assicurazioni v. Keith Bell

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 2 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).


In light of plaintiff's expert's uncontradicted testimony concerning, inter alia, defendant's negligent failure to rectify, or even attempt to rectify, the known misuse of the reinsurance facility before it placed coverage for plaintiff with that facility, and its failure to send relevant documents to the reinsurers, the jury's verdict is amply supported by the evidence ( see, Walters v. Castle Vil. Owners Corp., 166 A.D.2d 316). Indeed, the evidence demonstrates that said negligence was a proximate cause of the damages suffered by plaintiff — the loss incurred as a result of one of the reinsurers disclaiming coverage because of the misuse of the facility. Plaintiff is clearly entitled to recover said damages from defendant, its insurance broker ( see, Long Is. Light. Co. v. Steel Derrick Barge "FSC 99", 725 F.2d 839, 841). Nor do we perceive any basis to disturb the jury's apportionment of fault between these two parties. We also note that while another party may have also breached a separate standard of care to plaintiff, said party would be considered a joint tort-feasor, which does not affect defendant's liability to plaintiff for purposes of this litigation ( see, Ravo v. Rogatnick, 70 N.Y.2d 305).

Concur — Murphy, P.J., Rubin, Kupferman, Asch and Nardelli, JJ.


Summaries of

Societa Italiana Assicurazioni v. Keith Bell

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 2 (N.Y. App. Div. 1995)
Case details for

Societa Italiana Assicurazioni v. Keith Bell

Case Details

Full title:SOCIETA ITALIANA ASSICURAZIONI TRANSPORT, Respondent, v. KEITH BELL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 1, 1995

Citations

216 A.D.2d 2 (N.Y. App. Div. 1995)
627 N.Y.S.2d 380