The plaintiff is appealing orders from the Supreme Court of New York County that denied their motions for summary judgment in regard to liability.
Case Background
The record in this case shows that the defendant obtained malpractice insurance coverage from the plaintiff. The defendant made an effort to limit the amount of the premium to be paid to $165,000. However, it is clear that the plaintiff advised the defendant that the amount of premium to be charged would depend on information that was to be supplied by the defendant and the rates would be established by the Superintendent of Insurance.