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Dimitri Enters. Inc. v. NIF Servs. of N.J. Inc.

Subcontractor's Breach, Negligence Claims Against Insurance Broker Held Time-Barred

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MEMORANDUM ORDER Plaintiff Dimitri Enterprises, Inc. (“Dimitri”) brought this seven-count complaint against defendants NIF Services of New Jersey, Inc. (“NIF”) and Scottsdale Insurance Company (“Scottsdale”), arising out of Scottsdale’s denial of coverage for personal injury claims asserted by one of plaintiff’s employees against non-parties the New York City Housing Authority (“NYCHA”) and Arc Electrical & Mechanical Contractors Corp. (“Arc”), in connection with a construction site at which plaintiff was serving as a subcontractor. Now before the Court is NIF’s motion to dismiss the two claims brought against it. For the reasons set forth below, the motion is granted. I. Background¹ In February 2014, non-parties NYCHA and Arc began a construction project in New York City (the “Project”). Compl. 19. Plaintiff Dimitri, a subcontractor, was brought on by Arc to help with roofing work. Id. 20. As part of its subcontracting agreement with Arc, Dimitri agreed to obtain general liability insurance coverage for its work on the Project and to name Arc and NYCHA as “additional insureds” under the policy. Id. 21. Also pursuant to that agreement, Dimitri agreed to indemnify NYCHA and Arc for any claims arising out Dimitri’s work on the Project. Id. 54. In July 2015, Dimitri retained defendant NIF, a wholesale insurance broker, to procure the insurance coverage. Id. 6. NIF “recommended” that Dimitri obtain coverage with defendant Scottsdale. Id.

7-8. Shortly thereafter, NIF advised Dimitri that coverage had been bound, and allegedly “provided repeated oral assurances” to that effect. Id.

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