Lifelock, Inc. v. Certain Underwriters at Lloyd's

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 19, 2015, which, to the extent appealed from, granted defendant’s motion to dismiss counts one and two of the complaint, unanimously affirmed, with costs.

The insurance policy issued to plaintiff by defendant excludes from coverage claims “[a]rising out of any related or continuing acts, . . . where the first such act . . . was committed . . . prior to the Retroactive Date” (exclusion L). The policy shows January 8, 2008 as the retroactive date. In the underlying action, for which plaintiff seeks defense and…