Court of Appeals of New York

In an action by insurers seeking a declaration that the policy at issue did not cover certain legal malpractice claims, the appellate division's order denying summary judgment is affirmed in part where one plaintiff was not entitled to judgment on the basis of rescission. However, the order is modified in part where the prior knowledge exclusion did not require the known act, error, omission or circumstance to be "wrongful conduct on the part of the insured."

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

Court

• Court of Appeals of New York

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