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Voss v. The Netherlands Insurance Company, 11

In a dispute involving plaintiff-insureds coverage for property damage and business interruption losses, summary judgment in favor of defendant-insurance broker is reversed and remanded, where: 1) defendant failed to meet its threshold burden on the special relationship issue; 2) plaintiffs' awareness of the business interruption limits of $75,000 and $30,000 during the relevant policy years does not defeat her cause of action as a matter of law; and 3) questions of proximate cause and foreseeability should generally be resolved by the factfinder.

Appellate Information

  • Decided 02/25/2014
  • Published 02/25/2014




  • Court of Appeals of New York


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