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$________ PLUS $________ IN PREJUDGMENT INTEREST Insurance Broker negligence case – Broker allegedly promises to obtain insurance for replacement value of bed & breakfast establishment – Defendant denies promising to obtain insurance

U.S. District - Western County, NY

The lawsuit arises out of an October 11, ________ fire at a Cohocton, New York historical bed and breakfast, owned by the plaintiff. The plaintiff claimed that the defendant insurance broker promised to secure adequate insurance on the bed and breakfast to allow it to be rebuilt in case of fire (“replacement cost value”). The plaintiff also claimed that defendants failed to secure sufficient actual cash value insurance. All parties agreed that the bed and breakfast was underinsured.

The defendants denied making the promise to determine the necessary amount to rebuild the property or provide actual cash value, and claimed to have advised plaintiff to hire a contractor to determine actual cash value, or replacement cost value. The defendants contended that in the absence of such a promise, there was no special relationship and no duty by it to obtain the proper amount of insurance.

The written correspondence did not provide strong evidence for either side.

The defendants also claimed that plaintiff never intended to rebuild after the fire, a necessary condition to obtain the replacement value under the policy. This condition is not necessary for an award of the actual cash value, which amount was stipulated.The jury found the broker negligent in securing the correct insurance, but also found that plaintiff did not intend to rebuild. The verdict was for the agreed to actual cash value loss of $________. $________ in prejudgment interest was added.

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