Summary
In Sacks, the court upheld the trial court's ruling that the defendant-insurer was obligated to defend the plaintiffs in the underlying action on the ground that it was unclear from the record whether all of the acts of malpractice were within the prior acts exclusion of the policy in that case.
Summary of this case from Coregis Ins. Co. v. BlancatoOpinion
November 18, 1993
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
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., 78 N.Y.2d 61, 65-66).
Concur — Carro, J.P., Rosenberger, Ellerin and Asch, JJ.