K2 Underscores The Power Of Precedent

Law360, New York (March 12, 2014, 2:01 PM EDT) -- It has long been the law in New York that an insurer does not waive the right to raise policy exclusions in a coverage dispute even if it is contended the insurer initially breached a duty to defend the underlying lawsuit. In a recent victory for the insurance industry, New York Court of Appeals after hearing reargument in K2 Investment Group LLC v. American Guarantee & Liability Insurance Co., (Feb. 18, 2014) the Court of Appeals held that this is still the controlling rule.

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