'K2-II's' Unsatisfactory Double Reverse

, New York Law Journal


Michael S. Gollub, a member of Marshall, Conway & Bradley, and Steven M. Ziolkowski, an associate at the firm, write that although the Court of Appeals admitted it dropped the ball in K2-I when it reversed itself in K2-II, it missed an opportunity to expound on the relationship between the pleadings and underlying judgment on the one hand, and the duty to indemnify on the other hand.

What's being said

  • Matthew Siegel

    I agree that the court in K2-II stinted at its chore in explaining how Daniels‘ possible financial duplicity in having served two masters -- K2, his client, and Goldan, his business, could otherwise serve as an independent basis upon which American Guarantee could potentially disclaim coverage based on its "Insured‘s Status" and/or "Business Enterprise" exclusions in the face of the negligence liability determination underlying the legal malpractice default judgment already rendered against Daniels.

    Matthew Siegel

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