Court of Appeals of New York

In an action against defendant-malpractice insurer, arising out of plaintiffs' malpractice claims against its attorney for failing to record their mortgage: 1) summary judgment for plaintiffs on the breach of contract cause of action is affirmed, where when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him; and 2) the courts below properly dismissed plaintiffs' claims based defendant-insurer's alleged bad faith failure to settle the malpractice claim against the attorney for a sum lower than the policy limit.

Appellate Information

• Decided 06/11/2013
• Published 06/11/2013

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel