A bodily injury trip and fall plaintiff brought an action against a restaurant owner and premises owner for negligence. Subsequently, the injured party plaintiff amended her complaint to assert an insurance broker professional malpractice claim against the restaurant owner’s insurance broker. The claim as to the insurance broker was an alleged failure to obtain the amount of insurance purportedly requested by the restaurant owner and contained in the lease between the restaurant owner and premises owner.

KLRW moved to dismiss the insurance broker malpractice claim because plaintiff lacked standing and there was no justiciable controversy. The motion was opposed by the injured party plaintiff and the premises owner co-defendant. Both the injured party plaintiff and the co-defendant premises owner claimed to be third-party beneficiaries of the restaurant owner’s insurance contract. The trial court agreed there was no justiciable case or controversy as there was no judgment or settlement in excess of the one million dollar existing policy limit. The trial court granted insurance broker’s motion and dismissed all claims and cross-claims as to the insurance broker without prejudice. Please contact Vin Reilly, Esq. for more information: 973-957-2552, vin.reilly@klrw.law.