Attorney(s) appearing for the Case
Burton I. Monasch, Arnold C. Stream and Gerry E. Feinberg for appellant.
Roy E. Pomerantz and Sol Kroll for respondents.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.
Court of Appeals of the State of New York.
The issue is whether a disclaimer of liability, based on specified exclusions in two professional "errors and omissions" indemnity insurance policies, waived the insurers' defense that the claim was outside the scope of the insuring clause of the policy.
The plaintiff, Albert J. Schiff Associates, Inc., life insurance agents and employee benefit consultants, purchased two such insurance...
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