While many of the acts of legal malpractice alleged in the underlying action may be within the prior acts exclusion of the policy, it is not clear that they all are. As the IAS Court stated, in the absence of a showing "that the allegations of the [underlying] complaint cast the pleading entirely within the policy exclusion", defendant owes plaintiffs a duty to defend (see, Fitzpatrick v American Honda Motor Co.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
SACKS & SACKS v. HOME INS. CO.
198 A.D.2d 139 (1993)
604 N.Y.S.2d 56
Sacks and Sacks et al., Respondents, v. Home Insurance Company, Appellant, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 18, 1993
November 18, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.