Pretzel & Stouffer

Dismissal of a Four Count Complaint Alleging Negligent Misrepresentation

Pretzel & Stouffer Partner Brian C. Rocca, assisted by Michael A. Barry, achieved dismissal of a four count complaint alleging negligent misrepresentation, negligent procurement of insurance, breach of oral contract, and breach of fiduciary duty against an insurance producer. In its complaint, the plaintiff-insured alleged that it specifically requested pollution coverage for work on tankers at off-site locations and that its insurance producer failed to provide that specific type of coverage. The plaintiff claimed damages in excess of $200,000 after a tanker the plaintiff’s employee was working on leaked oil and necessitated remediation. Through written and oral discovery, Brian and Mike established that the plaintiff specifically refused pollution coverage that was offered by its insurance producer. Brian and Mike immediately brought a motion for summary judgment on behalf of their client and also advised plaintiff that the summary judgment motion would be promptly followed by a motion for sanctions based on the falsity of the allegations as plead in the complaint. Faced with these pleadings, the plaintiff immediately dismissed the action.

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