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· 12/11/1942

Van Arsdale v. Time, Inc.

Citations

  • 265 A.D. 919
  • 39 N.Y.S.2d 413
  • 1942 N.Y. App. Div. LEXIS 6526

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).

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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.