LIBERTY INSURANCE UNDERWRITERS INC. v. CORPINA PIERGROSSI OVERZAT & KLAR LLP

3293, 601266/08.

78 A.D.3d 602 (2010)

913 N.Y.S.2d 31

LIBERTY INSURANCE UNDERWRITERS INC., Respondent, v. CORPINA PIERGROSSI OVERZAT & KLAR LLP et al., Appellants.

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

Decided November 30, 2010.


The insurer argues that it is not obligated to defend or indemnify the attorneys because, prior to the effective date of the first legal malpractice policy issued by the insurer to the attorneys in July 2004, the attorneys had a reasonable basis to foresee that a former client would make a claim against them, and that coverage is therefore excluded under the policy's "Known Claims or Circumstances" clause. In relevant part, the clause excludes coverage for "any claim arising...

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