Legal Opinion

Executive Risk Indemnity Inc. v. Pepper Hamilton LLP

New York Court of Appeals

Decided October 20, 2009PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

We are asked to determine, under Pennsylvania law, whether excess insurers Executive Risk Indemnity Inc. and Twin City Fire Insurance Company, based upon their prior knowledge exclusions, and Continental Casualty Company, based upon rescission of its policies, were entitled to summary judgment declaring that they have no obligation to indemnify defendants Pepper Hamilton LLP and one of its members W. Roderick Gagné (collectively, the law firm defendants) in actions asserted against them for, among other claims, professional malpractice. *319We conclude that the prior…

2Cases cited6 opinions

  1. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  2. William Selko v. Home Insurance CompanyCourt of Appeals for the Third Circuit · 1998
  3. Coregis Insurance Company v. Baratta & Fenerty, Ltd Anthony Baratta, Esq. Kenneth Lee Danielle Lee Baratta & Fenerty, Ltd Anthony Baratta, Esq.Court of Appeals for the Third Circuit · 2001
  4. Jeffrey Justofin v. Metropolitan Life Insurance Co.Court of Appeals for the Third Circuit · 2004
  5. Board of Public Education v. WatsonSupreme Court of Pennsylvania · 1960

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3Cited by11 opinions

  1. Cohen-Esrey Real Estate Services, Inc. v. Twin City Fire InsuranceCourt of Appeals for the Tenth Circuit · 2011
  2. Liberty Insurance Underwriters Inc. v. Corpina Piergrossi Overzat & Klar LLPAppellate Division of the Supreme Court of the State of New York · 2010
  3. CPA Mutual Insurance Co. of America Risk Retention Group v. Weiss & Co.Appellate Division of the Supreme Court of the State of New York · 2011
  4. J.P. Morgan Securities Inc. v. Vigilant Insurance Co.New York Supreme Court · 2017
  5. WMOP, LLC v. Scottsdale Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021

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