· 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).
Sourced from CourtListener / Free Law Project (CC0).
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