Chase's Cigar Store, Inc. v. Stam Agency, Inc., 281 A.D.2d 911 (N.Y. App. Div. 2001). · Go Syfert
Chase's Cigar Store, Inc. v. Stam Agency, Inc., 281 A.D.2d 911 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 4 distinct courts.
Strongest positive: Walker v. Erie Ins. Co. (nyappdiv, 2022-11-10)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Walker v. Erie Ins. Co.
N.Y. App. Div. · 2022 · confidence medium
Moreover, while defendant correctly points out that the summary and declaration pages of the policy that plaintiff concedes were provided to the insured contained references to a professional liability exclusion, those references alone, without the actual terms of the exclusion in the policy documents, are insufficient to establish the presumption that the insured had notice of the terms and limits of the policy ( cf. Chase's Cigar Store v Stam Agency , 281 AD2d 911, 912 [4th Dept 2001]).
discussed Cited as authority (rule) Walker v. Erie Ins. Co.
N.Y. App. Div. · 2022 · confidence medium
Moreover, while defendant correctly points out that the summary and declaration pages of the policy that plaintiff concedes were provided to the insured contained references to a professional liability exclusion, those references alone, without the actual terms of the exclusion in the policy documents, are insufficient to establish the presumption that the insured had notice of the terms and limits of the policy ( cf. Chase's Cigar Store v Stam Agency , 281 AD2d 911, 912 [4th Dept 2001]).
discussed Cited as authority (rule) Nicotera v. Allstate Insurance Co.
N.Y. App. Div. · 2017 · confidence medium
Second, plaintiffs failed to establish that there was any question concerning coverage of decedent’s property, and that decedent or plaintiffs relied on Garcia’s expertise in resolving that question; indeed, the record establishes that decedent and plaintiffs were not so much concerned with drawing on Garcia’s expertise as with providing some business to Garcia, whom they considered a good friend (see Sawyer, 92 AD3d at 1238 ; Chase’s Cigar Store v Stam, Agency, 281 AD2d 911, 912 [2001]).
discussed Cited as authority (rule) Nicotera v. Allstate Insurance Co.
N.Y. App. Div. · 2017 · confidence medium
Second, plaintiffs failed to establish that there was any question concerning coverage of decedent’s property, and that decedent or plaintiffs relied on Garcia’s expertise in resolving that question; indeed, the record establishes that decedent and plaintiffs were not so much concerned with drawing on Garcia’s expertise as with providing some business to Garcia, whom they considered a good friend (see Sawyer, 92 AD3d at 1238 ; Chase’s Cigar Store v Stam, Agency, 281 AD2d 911, 912 [2001]).
discussed Cited as authority (rule) American Building Supply Corp. v. Petrocelli Group, Inc.
NY · 2012 · confidence medium
Partnership Co. v Warrington, 283 AD2d 376, 376-377 [1st Dept 2001]; Rotanelli v Madden, 172 AD2d 815, 817 [2d Dept 1991], lv denied 79 NY2d 754 [1992]; Madhvani v Sheehan, 234 AD2d 652, 654-655 [3d Dept 1996]; Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912 [4th Dept 2001]).
examined Cited as authority (rule) Page One Auto Sales, Inc. v. Brown & Brown of New York, Inc. (3×) also: Cited "see", Cited "see, e.g."
N.Y. App. Div. · 2011 · confidence medium
We agree with plaintiff that Supreme Court erred in granting defendant’s cross motion for summary judgment dismissing the complaint, and we therefore modify the order accordingly. “ ‘In New York, the duty owed by an insurance agent to an insurance customer is ordinarily defined by the nature of the request a customer makes to the agent’ ” (Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912 [2001]; see Wied v New York Cent.
discussed Cited as authority (rule) Thompson & Bailey, LLC v. Whitmore Group, Ltd.
N.Y. App. Div. · 2006 · confidence medium
Thus, despite the cancellation of the policy due to plaintiffs subsequent failure to arrange the inspection required by the policy on its face, defendant fulfilled its common-law duty to plaintiff (see Murphy v Kuhn, supra at 270; Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912 [2001]).
discussed Cited as authority (rule) Estate of Hill v. Allstate Insurance
D. Colo. · 2004 · confidence medium
See, e.g., Amoco Production Co. v. Hydroblast Corp., 90 F.Supp.2d 727, 733-34 (N.D.Tex.1999), aff'd, 226 F.3d 642 (5th Cir.2000); Southern Scales, Inc. v. Aronov Insurance, Inc., 608 So.2d 724, 725-26 (Ala.1992); Chases's Cigar Store, Inc. v. Siam Agency, Inc. 281 A.D.2d 911 , 722 N.Y.S.2d 320, 321 (App.Div.2001); Sledge v. Mullin, 927 S.W.2d 89, 92-93 (Tex.App.—Fort Worth 1996, no writ); Sinex v. Wallis, 611 A.2d 31, 33-34 (Del.Super.1991); Jones v. Grewe, 189 Cal.App.3d 950 , 234 Cal.Rptr. 717, 719-21 (1987). 3 .
cited Cited as authority (rule) McLaughlin v. Nationwide Mutual Fire Insurance
N.Y. App. Div. · 2004 · confidence medium
Co., supra at 437, 438; Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912-913 [2001]; M & E Mfg.
discussed Cited as authority (rule) Noroian v. Cohen
N.Y. App. Div. · 2004 · confidence medium
The declaration page, once received, provided conclusive presumptive notice of the change in coverage (see Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912 [2001]; Brownstein v Travelers Cos., 235 AD2d 811, 813 [1997]; Madhvani v Sheehan, 234 AD2d 652 [1996]).
discussed Cited "see" PAGE ONE AUTO SALES, INC. v. BROWN & BROWN OF NEW YORK, INC. (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2011 · signal: see · confidence high
Agency, 305 AD2d 845, 846 ; see Chase’s Cigar Store v Stam Agency, 281 AD2d 911, 912 ; Nicholas J.
discussed Cited "see" Hersch v. DeWitt Stern Group, Inc.
N.Y. App. Div. · 2007 · signal: see · confidence high
Further, the duty owed by an insurance broker to his or her customer is ordinarily defined by the nature of the request the customer makes to the broker (Madhvani v Sheehan, 234 AD2d 652, 654 [1996]; see Chase’s Cigar Store v Stam Agency, 281 AD2d 911 [2001]).
Retrieving the full opinion text from the archive…
Chase's Cigar Store, Inc.
v.
Stam Agency, Inc.
Appellate Division of the Supreme Court of the State of New York.
Mar 21, 2001.
281 A.D.2d 911
2001 N.Y. App. Div. LEXIS 2724
Cited by 17 opinions  |  Published

—Order unanimously affirmed[*912] without costs. Memorandum: Plaintiff, the owner and operator of a retail store in the City of Syracuse, alleges that an agent of defendant insurance agency made an unsolicited call at plaintiffs store and offered to procure a business owners insurance policy for plaintiff. Plaintiff never requested any specific coverage, allegedly relying upon the expertise of defendant’s agent. Thereafter, plaintiff agreed to a proposal that set forth the coverage to be provided by the policy. Plaintiff also executed a written application for insurance that did not include coverage for employee dishonesty. The business owners policy that was issued to plaintiff contained an exclusion for employee dishonesty. Thereafter, one of plaintiffs employees stole a large sum of money from plaintiff. When plaintiff learned that the insurance policy procured by defendant did not cover the loss, it commenced this action against defendant for breach of contract and breach of its duty to procure appropriate insurance coverage. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint.

“In New York, the duty owed by an insurance agent to an insurance customer is ordinarily defined by the nature of the request a customer makes to the agent” (Wied v New York Cent. Mut. Fire Ins. Co., 208 AD2d 1132, 1133). It is undisputed that plaintiff never requested that defendant obtain employee theft/dishonesty coverage. Because defendant obtained the insurance coverage that plaintiff requested, it fully discharged its duty to plaintiff (see, Ambrosino v Exchange Ins. Co., 265 AD2d 627, 627-628).

While conceding that it never requested employee theft/ dishonesty coverage, plaintiff nevertheless contends that defendant breached its agreement to review plaintiffs existing insurance policy and obtain appropriate business owners insurance coverage for plaintiff. We reject the contention of plaintiff that, under the circumstances presented here, it had a “special relationship” with defendant such that plaintiff was entitled to rely upon the representations of defendant’s agent that the new policy was “a better policy” than plaintiffs existing policy (see, Murphy v Kuhn, 90 NY2d 266, 270-273; Ambrosino v Exchange Ins. Co., supra, at 628; Wied v New York Cent. Mut. Fire Ins. Co., supra, at 1133-1134).

In any event, once plaintiff received the declarations pages and insurance policy, it had “conclusive presumptive knowledge” of the terms and limits of the policy (Rogers v Urbanke, 194 AD2d 1024, 1024-1025; see, Madhvani v Sheehan, 234 AD2d 652, 654-655). Here, the declarations pages did not indicate that there was any optional coverage for employee[*913] theft/dishonesty. In addition, the policy itself contained an exclusion for employee dishonesty and did not contain optional coverage for employee dishonesty. The declarations pages setting forth the policy’s coverages and limits afforded plaintiff an opportunity to review the policy limits and request additional coverage if so desired (see, Madhvani v Sheehan, supra, at 655). “The final decision maker in a risk management situation is ultimately the insured who has the option to forego or obtain additional insurance coverage, which in this case would have required an additional premium” (Madhvani v Sheehan, supra, at 655). (Appeal from Order of Supreme Court, Onondaga County, Centra, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.