New York Court of Appeals· 12/22/1980
Albert J. Schiff Associates, Inc. v. Flack
Citations
- 51 N.Y.2d 692
- 417 N.E.2d 84
- 435 N.Y.S.2d 972
- 1980 N.Y. LEXIS 2781
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that willful misappropriation of trade secrets fell outside of a policy insuring against professional errors and omissions
- explaining that an insurer may be unable to deny coverage due to estoppel or waiver
- holding an insurer does not lose its right to disclaim based on noncoverage as such ground is never waived by a failure to assert it in a notice of disclaimer
- office activities that set the stage for the performance of professional services are not within the coverage of professional services liability policy
- no coverage under professional errors and omissions policy where complaint alleges only willfull and malicious conduct
- “[W]here the issue is the existence or nonexistence of coverage ... the doctrine of waiver is simply inapplicable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
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