State High Court Reminds Insurers of Risks in Breaching Duty to Defend

, New York Law Journal


Jeffrey L. Schulman and Jared Zola, partners at Dickstein Shapiro, review a recent decision where the Court of Appeals held that it need not determine whether cited policy exclusions negated an insurer's duty to indemnify the underlying legal malpractice judgment, because "by breaching its duty to defend, [the insurer] lost its right to rely on these exclusions in litigation over its indemnity obligation."

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