Cozen O’Connor: K2: New York Court of Appeals Vacates Decision, Rejects 'Coverage by Estoppel' [Property Casualty360]

K2: New York Court of Appeals Vacates Decision, Rejects 'Coverage by Estoppel' [Property Casualty360]

Melissa Brill of the Global Insurance department discusses K2 and the Court of Appeals decision to reject the notion of coverage in the article published by Property Casualty360. "In a rare reversal, the Court of Appeals issued K2-II[2], vacating its prior decision and rejecting the notion of coverage by estoppel. With K2-II, New York reverted to the previous rule, pursuant to which New York insurers that breach the duty to defend will be liable for that breach, but will not be precluded from relying on policy exclusions to deny coverage for indemnification. New York rejoined the majority of states, which reject coverage by estoppel."

To read the article, click here.


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Melissa Brill

Co-Chair, Global Insurance Department

mbrill@cozen.com

(212) 908-1257


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