Justice Shirley Werner Kornreich
Plaintiff The IDW Group is a recruitment and search firm that places high-level financial services employees with financial institutions and defendant Levine Insurance Risk Management Services Inc. is an insurance broker that IDW used to obtain Errors & Omissions (E&O) insurance policies from defendant Liberty Surplus Insurance Corporation. IDW contended that defendant Levine and others are liable for their negligence in a check snafu that led to IDW incurring liability in a related action without an E&O policy in place. The court granted IDW partial summary judgment against Levine due to Levine’s failure to procure an E&O policy from Liberty for the 2007/2008 period. The court added that such failure is clearly a breach of contract and that Levine’s actions with regard to the premium check were clearly negligent. The court also found that Levine’s initial negligence in sending the check to the wrong address was further compounded by its negligence in failing to alert IDW that a 2007/2008 policy was never issued.
