Legal Opinion

K2 Investment Group, LLC v. American Guarantee & Liability Insurance

New York Court of Appeals

Decided June 11, 2013PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that, when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him.

I

Plaintiffs are two limited liability companies that made loans totaling $2.83 million to a third such company, Goldan, LLC. The loans were to be secured by mortgages. Goldan failed to repay the loans, and plaintiffs discovered that their mortgages had not been recorded. A bankruptcy petition was later filed against Goldan.

Plaintiffs brought a lawsuit against…

2Cases cited7 opinions

  1. Automobile Insurance v. CookNew York Court of Appeals · 2006
  2. Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
  3. Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
  4. Lang v. Hanover InsuranceNew York Court of Appeals · 2004
  5. Mendoza v. SchlossmanAppellate Division of the Supreme Court of the State of New York · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. K2 Investment Group, LLC v. American Guarantee & Liability InsuranceNew York Court of Appeals · 2014
  2. Margulies v. HoughDistrict Court, S.D. New York · 2014
  3. Hough v. Margulies (In re Margulies)United States Bankruptcy Court, S.D. New York · 2015
  4. Scottsdale Insurance v. Indian Harbor InsuranceDistrict Court, S.D. New York · 2014
  5. K2 Investment Group, LLC v. American Guarantee & Liability InsuranceNew York Court of Appeals · 2013

2 more not listed; retrieve them via the Exa API.

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