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There are at least two questions that insureds should ask upon receiving a letter denying coverage for a claim or learning of the absence of a particular type of coverage that would have otherwise covered the claim: (1) Was the insurer’s denial of coverage supported by the terms and conditions of the policy?; and (2) Is my broker liable for the damages resulting from the absence of coverage? Answering the first question in the affirmative does not necessarily mean a “yes” answer to the second question. There are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.

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