LIFELOCK, INC. v. CERTAIN UNDERWRITERS AT LLOYD'S

Docket No. 157064/13, Motion Sequence No. 002.

146 A.D.3d 565 (2017)

2017 NY Slip Op 00266

45 N.Y.S.3d 78

LIFELOCK, INC., Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 17, 2017.


The insurance policy issued to plaintiff by defendant excludes from coverage claims "[a]rising out of any related or continuing acts, ... where the first such act ... was committed ... prior to the Retroactive Date" (exclusion L). The policy shows January 8, 2008 as the retroactive date. In the underlying action, for which plaintiff seeks defense and indemnification from defendant, six of the eight causes of action are expressly based on allegations of acts performed before...

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