New York Court of Appeals

Thomas Murphy, Appellants v. Donald C. Kuhn, Respondents

June 27, 199790 N.Y.2d 266

Summary

The New York Court of Appeals affirmed the Appellate Division's grant of summary judgment to the insurance agents, holding that no special relationship existed that would impose a duty to advise the plaintiffs to obtain additional coverage. Because the plaintiffs never requested higher limits and did not rely on the agents' expertise, the agents owed only the ordinary duty to place requested insurance, not a continuing advisory duty.