Rubin sued the law firm as well as Napoli personally; the suit is still ongoing in state court.

The Napolis provided timely notice of Rubin's suit to their insurers, according to the complaint, but the companies refused to defend the couple.

According to the Napolis' lawsuit, the Chartis policy said the company would "pay the costs to defend an insured person against any suit seeking covered damages for personal injury or property damage, even if the suit is false, fraudulent or groundless," while the NSC policy said it would "pay on behalf of the insured up to the limit of insurance shown on the Declarations for damages for which the insured is legally liable" and "settle or defend, as we consider appropriate any claim or suit asking for these damages."

Goldberg argued that the insurers have a duty to defend and indemnify the Napolis in the Rubin case because her allegations extend beyond firm-related claims.

"Although certain of Ms. Rubin's claims against Mr. Napoli appear to arise out of Mr. Napoli's business activities with respect to his law firms (e.g., claims that Ms. Rubin is owed wages for work at Mr. Napoli's law firms), the allegations in the Verified Amended Complaint are far more expansive and vastly broader than those business-related claims, and contain numerous allegations that do not relate to Mr. Napoli's business activities with his law firms, but rather relate to allegations that the Napolis defamed Ms. Rubin and abused the process of the courts," Goldberg wrote.

In a 2020 amended complaint, Rubin alleged that Napoli took a variety of retaliatory actions after she filed her initial complaint, including "filing, with his wife and occasional counsel Marie Napoli, defamatory motions in other litigations depicting Ms. Rubin as unethical and disloyal."

Goldberg did not respond to a request for comment on the matter.

The insurers had not entered appearances as of Nov. 15. A spokesperson for AIG declined to comment Friday.