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K2: Will NY Court of Appeals Reaffirm Coverage By Estoppel?

If the New York Court of Appeals upholds its recent coverage by estoppel decision on reargument tomorrow, then it may change how claims professionals handle duty-to-defend matters in the state.

By Melissa F. Brill | Updated on January 06, 2014

If the New York Court of Appeals upholds its recent “coverage by estoppel” decision on reargument, then it will likely change the way claims professionals handle New York duty-to-defend matters. 

Should the court uphold the decision, as it is commonly understood, an insurer will be far more likely to initiate declaratory judgment actions where it has concluded that its policy does not provide a duty to defend to its insured. 

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