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AMERICAN MED. ALERT CORP. v. EVANSTON INS. CO.

11762. 655974/16.

185 A.D.3d 433 (2020)

127 N.Y.S.3d 73

2020 NY Slip Op 03748

American Medical Alert Corp., Appellant, v. Evanston Insurance Company, Respondent, et al., Defendants.

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

Decided July 2, 2020.

The IAS court properly declared that Evanston had no duty to indemnify AMAC, based on the prior knowledge condition in the policy. Under the two-pronged "subjective/objective" test, the court must "first ... consider the subjective knowledge of the insured and then the objective understanding of a reasonable [person] with that knowledge" (Liberty Ins. Underwriters Inc. v Corpina Piergrossi Overzat & Klar LLP, 78 A.D.3d 602, 604...

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