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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

Read full opinion on CourtListener

Other cases named Albert J. Schiff Associates, Inc. v. Flack

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.