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Case Notes

By ljnstaff | Law Journal Newsletters |
July 02, 2014

Insurer Is Not Barred From Relying on Policy Exclusions to Disclaim Indemnity to an Insured

On Feb. 18, 2014, in K2 Inv. Group, LLC v. American Guar. & Liab. Ins. Co., 6 N.E.3d 1117, 22 N.Y.3d 578 (N.Y. 2014) (hereafter “K2 ' II“), the Court of Appeals of New York vacated its prior decision and reversed the Appellate Division's Order in K2 Inc. Group, LLC v. American Guar. & Liability Ins. Co., 21 N.Y.3d 384 (2013) (hereafter “K2 ' I“), holding that its ruling in K2 ' I was irreconcilable with an earlier, established decision: Servidone Const. Corp. v. Security Ins. Co. of Hartford, 64 N.Y.2d 419 (1985).

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