BLAKE v. FORD MOTOR CO

The proposed amendment, which seeks to add claims of fraud and fraudulent concealment against the van's insurer based on its failure to warn the van's owner of the van's rollover risk, was properly denied for lack of merit ( see Thompson v Cooper, 24 AD3d 203, 205). In the absence of a fiduciary relationship between the van's owner and its insurer, the insurer was under no duty to warn the owner of the van's rollover risk ( see McGarr v Guardian Life Ins. Co. of Am., 19 AD3d 254, 256; Elghanian v Harvey, 249 AD2d 206). We have considered plaintiffs' other contentions and find them unavailing.