Another View On K2 Investment V. American Insurance

Law360, New York (September 10, 2013, 12:40 PM EDT) -- There has been much commentary suggesting that there has been a radical change in New York insurance law based on the New York Court of Appeals’ decision in K2 Inv. Group LLC v. American Guar. & Liab. Ins. Co., 2013 N.Y. Slip Op 4270 (N.Y. June 11, 2013). According to that view, the court imported into New York law a small minority, and highly criticized, rule known alternatively as “coverage by estoppel,” or “the Illinois estoppel doctrine.”

This view appears, for example, in a recent Law360...
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