Court of Appeals of New York
K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company, 6
Summary judgment for plaintiffs on their claim against defendant-insurer assigned to them by the attorney they sued for legal malpractice (defendant's insured), whom defendant-insurer refused to defend in the underlying action, is reversed and remanded where: 1) defendant-insurer breached its duty to defend in the underlying action; but 2) defendant-insurer is not barred from relying on policy exclusions as a defense to this lawsuit; and 3) here, the applicability of the exclusions defendant-insurer relies on presents an issue of fact sufficient to defeat summary judgment.
Appellate Information
- Decided 02/18/2014
- Published 02/18/2014
Judges
- SMITH
Court
- Court of Appeals of New York