In a major appellate victory for the firm, the United States Court of Appeals for the Second Circuit this week affirmed the dismissal of all claims against our client, an insurance broker. Matthew Tracy, of the New York office, handled both the appeal and the underlying litigation.
In the action, the Plaintiffs alleged that our client had been negligent and breached his fiduciary duty in connection with the sale of a large, whole life insurance policy. The Plaintiffs sought damages in excess of $2 million.
In 2022, we moved for summary judgment on statute of limitations grounds and on November 8, 2022, Judge William Skretny of the United States District Court for the Western District of New York granted the motion. The Plaintiffs then appealed from that dismissal.
On December 12, 2023, the Second Circuit, in a nine-page Summary Order, unanimously affirmed the dismissal, finding that the claims were time-barred and that none of the tolling doctrines raised by the Plaintiffs (continuing wrong, continuous representation or equitable estoppel) were applicable.
Winget, Spadafora & Schwartzberg, LLP and its Professional Liability Practice Group are constantly focused on identifying new and insightful ways to defend claims against insurance agents and brokers to ensure our that our clients are getting the best defense strategies available. Should you have any questions regarding the Order or the defense of negligence, misrepresentation or omission claims involving insurance agents/brokers, please contact a member of our firm’s Professional Liability Practice Group.
