Excess Line Ass’n of New York v. Waldorf & Associates

Excess Line Association of New York (ELANY), a legislatively created advisory association under the supervision of the Department of Financial Services (DFS), does not have capacity to sue its members to recover fees that it is statutorily authorized to receive and does not have capacity to sue to compel an accounting to determine amounts allegedly owed.ELANY commenced this action against Defendants - a third-generation, family-owned and operated insurance brokerage firm and consortium - seeking, inter alia, to recover stamping fees for excess line policies allegedly procured from 1989 through 2011 and to enforce its purported right to conduct an examination and accounting pursuant to the Insurance Law. Supreme Court dismissed the action, determining that ELANY lacked capacity to sue. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the courts below correctly concluded that ELANY does not have capacity to sue for the relief sought. View "Excess Line Ass’n of New York v. Waldorf & Associates" on Justia Law