Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write that based on its plain language, the prior knowledge exclusion applies only where the insured has a reasonable belief that claims will be filed against it. In a recent ruling, the First Department makes clear that if the insured professional has not engaged in wrongful conduct, it need not disclose the wrongful conduct of its client.
November 03, 2008 at 12:00 AM
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