confidence. See id. (“A debtor-creditor relationship is not by itself a fiduciary relationship although the addition of a relationship of confidence, trust, or superior knowledge or control may indicate that such a relationship exists.” (internal quotations omitted)); Mfrs. Hanover Trust Co. v. Yanakas, 7 F.3d 310, 318 (2d Cir.1993) (noting that although no fiduciary duties arise in the ordinary debt- or/creditor relationship, they may arise under the proper circumstances) (quoting Fisher v. Bishop, 108 N.Y. 25, 28, 15 N.E. 331 (1888)); Murphy, 90 N.Y.2d at 270-72, 660 N.Y.S.2d 371 (noting that fiduciary duties may arise in the insurance context if the requisite trust and confidence is established); Batas v. Prudential Ins. Co. of Am., 281 A.D.2d 260, 724 N.Y.S.2d 3, 7 (1st Dep’t 2001) (<HOLDING>). In this case, the complaint alleges that the
recognizing fiduciary exception in the erisa context recognizing similar duties recognizing that fiduciary duties may arise in the insurance context where circumstances are appropriate holding that a special relationship may arise from the factual circumstances of a particular case holding that a breach of duties that a fiduciary contractually assumes beyond those duties imposed by law is considered to arise out of contract