Broker Defended in Bench Trial

Following a three day bench trial in an insurance broker malpractice case wherein the plaintiff claimed the client made misrepresentations in the procurement of a construction policy, Marc Zimet obtained a defense verdict. The judge pointed out that plaintiff had failed to present any credible evidence that any act or omission on the part of the client was the cause of plaintiff’s failure to obtain and maintain construction insurance coverage for the construction of his home. The court stated the evidence established that plaintiff made a clear decision to decline the coverage and assume the risk of loss during construction himself. Having obtained a defense verdict, the client is entitled to recover his expert fees of approximately $40,000.