Abetta Boiler & Welding Service, Inc. v. American Intern, Specialty Lines Ins. Co – Case Brief Summary (New York)

In Abetta Boiler & Welding Service, Inc. v. American Intern, Specialty Lines Ins. Co., 76 AD3d 412, 906 N.Y.S.2d 540 [2010]), the Appellate Division, First Department found that where the client, "as a matter of routine," referred all questions regarding its insurance claims to the broker and the broker "handled all [the client's] insurance needs, including referring its claims to insurers" a special relationship between the two was established that imposed upon the broker a duty to the client to exercise a reasonable degree of care in notifying the appropriate primary or excess insurer of any claim reported to it by the client.