EXECUTIVE RISK INDEMNITY INC., Appellant,
v.
PEPPER HAMILTON LLP et al., Respondents.
PEPPER HAMILTON LLP et al., Third-Party Plaintiffs-Respondents,
v.
CONTINENTAL CASUALTY COMPANY et al., Third-Party Defendants-Appellants.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued September 9, 2009.
Decided October 20, 2009.
Attorney(s) appearing for the Case
Kornstein, Veisz Wexler & Pollard, LLP, New York City (William B. Pollard, III, and Amy C. Gross of counsel), for appellant.
Cozen O'Connor, New York City (Kevin M. Mattessich, Jacob C. Cohn and Patrick M. Kennell of counsel), for Continental Casualty Company, third-party defendant-appellant.
Hogan & Hartson LLP (Catherine E. Stetson, of the District of Columbia bar, admitted pro hac vice, and Jessica L. Ellsworth of counsel), and Edwards Angell Palmer & Dodge LLP, New York City (Ira G. Greenberg, John F. McCarrick, Samuel B. Mayer and Scott H. Casher of counsel), for Twin City Fire Insurance Company, third-party defendant-appellant.
Cahill Gordon & Reindel LLP, New York City (Charles A. Gilman and Christopher A. Gorman of counsel), and Dickstein Shapiro LLP (Randy Paar and Edward Tessler of counsel) for Pepper Hamilton LLP and another, respondents and third-party plaintiffs-respondents.
Walker Wilcox Matousek, LLP (Robert P. Conlon and Joyce F. Noyes, of the Illinois bar, admitted pro hac vice, of counsel), and Garbarini & Scher, P.C., New York City (William D. Buckley and Gregg D. Weinstock of counsel), for Westport Insurance Corporation, respondent.
Harkins Cunningham LLP, Philadelphia, Pennsylvania (Marianne Consentino, John G. Harkins, Jr., and Benjamin M. Gerber of counsel), for Philadelphia Bar Association, amicus curiae.
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur; Judge SMITH taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
JONES, J.
We are asked to determine, under Pennsylvania law, whether excess insurers Executive Risk Indemnity Inc. and Twin City Fire Insurance Company, based upon their prior knowledge exclusions, and Continental Casualty Company, based upon rescission of its policies, were entitled to summary judgment declaring that they have no obligation to indemnify defendants Pepper Hamilton LLP and one of its members W. Roderick Gagné (collectively...
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