TIM F. KINSELLA, Plaintiff-res-ap, v. POWERGUARD SPECIALTY INSURANCE SERVICES, LLC Defendants-Appellants-res

11216. TIM F. KINSELLA, Plaintiff-res-ap, v. POWERGUARD SPECIALTY INSURANCE SERVICES, LLC Defendants-Appellants-res — Vedder Price P.C., New York (Jonathan A. Wexler of counsel), and Meckler Bulger Tilson Marick & Pearson LLP, Chicago, IL (Chad W. Main of the bar of the States of California, Illinois and Ohio, admitted pro hac vice, of counsel), for appellants-res — William H. Roth, New York, for resres Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 24, 2012, which, to the extent appealed from as limited by the briefs, granted defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the first cause of action as against defendant Powerguard Specialty Insurance Services, LLC, (PowerGuard) and denied defendants' motion to dismiss the first cause of action as against Edgewood Partners Insurance Center (EPIC), unanimously modified, on the law, to dismiss plaintiff's first cause of action as against EPIC, and otherwise affirmed, without costs.

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11216. TIM F. KINSELLA, Plaintiff-res-ap, v. POWERGUARD SPECIALTY INSURANCE SERVICES, LLC Defendants-Appellants-res — Vedder Price P.C., New York (Jonathan A. Wexler of counsel), and Meckler Bulger Tilson Marick & Pearson LLP, Chicago, IL (Chad W. Main of the bar of the States of California, Illinois and Ohio, admitted pro hac vice, of counsel), for appellants-res — William H. Roth, New York, for resres Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 24, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motion pursuant to CPLR 3211(a)(7) to dismiss the first cause of action as against defendant Powerguard Specialty Insurance Services, LLC, (PowerGuard) and denied defendants’ motion to dismiss the first cause of action as against Edgewood Partners Insurance Center (EPIC), unanimously modified, on the law, to dismiss plaintiff’s first cause of action as against EPIC, and otherwise affirmed, without costs.

Plaintiff, Tim F. Kinsella, an insurance producer, left his previous employment, allegedly in reliance on statements made by representatives of PowerGuard, that, inter alia, PowerGuard had the ability to issue certain property and warranty insurance, and based on these representations, accepted employment with PowerGuard. Plaintiff and PowerGuard entered into a contract, agreeing, inter alia, that plaintiff would work for PowerGuard as an “at will” employee, at a large decrease in his former salary. Plaintiff learned that these representations were false, and that he could not sell the subject insurance policies, and he thereafter received written termination from employment under a letterhead of defendant EPIC.

TIM F. KINSELLA, Plaintiff-res-ap, v. POWERGUARD SPECIALTY INSURANCE SERVICES, LLC Defendants-Appellants-res

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