Legal Opinion

CPA Mutual Insurance Co. of America Risk Retention Group v. Weiss & Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 4, 2011PublishedCited by 4 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Marylin G. Diamond, J.), entered August 25, 2009, granting plaintiff summary judgment and declaring that plaintiff does not have an obligation to defend or indemnify defendants against a professional liability claim asserted in federal court, unanimously affirmed, with costs. Order, same court and Justice, entered April 9, 2010, which, insofar as appealable, denied defendants’ motion to renew, unanimously affirmed, with costs.

The court correctly found that the unambiguous prior knowledge exclusion, which entitled plaintiff to…

2Cases cited3 opinions

  1. In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
  2. Executive Risk Indemnity Inc. v. Pepper Hamilton LLPNew York Court of Appeals · 2009
  3. Westport Insurance v. Goldberger & Dubin, P.C.Court of Appeals for the Second Circuit · 2007

3Cited by4 opinions

  1. American Med. Alert Corp. v. Evanston Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
  2. ChemTreat, Inc. v. Beazley Furlonge LimitedDistrict Court, E.D. Virginia · 2020
  3. Genao v. RuizDistrict Court, S.D. New York · 2025
  4. Koplowitz v. KingAppellate Division of the Supreme Court of the State of New York · 2018

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