Murphy and Ors v Kuhn and Ors - New York Court of Appeals (Kaye CJ, Bellacosa, Titone, Smith, Levine, Ciparick and Wesley JJ) - 27 June 1997

Insurance - Whether agent liable for failing to advise on additional insurance needs

The issue in this case was whether an insurance agent should be liable to a former customer for tortious misrepresentation and breach of implied contract. The alleged wrongdoing was a failure to advise the plaintiff as to possible additional insurance coverage needs. The Appellate Division had affirmed an order of the Supreme Court, which granted the defendants’ motion for summary judgment and dismissed the complaint. The plaintiff appealed to the New York Court of Appeals.