Wiley Rein: Insurer Must Demonstrate Insured's Subjective Knowledge of Relevant Facts to Deny Coverage Based on Prior Knowledge Exclusion | Practical Law
This Law Firm Publication by Wiley Rein LLP discusses Ulster Cnty. v. CSI, Inc., 95 A.D.3d 1634 (N.Y. App. Div. 2012). In this case before the New York Supreme Court, Appellate Division, the court held that an insurer was not relieved of its duty to defend its insured based on a policy's prior knowledge exclusion where the evidence did not establish that the insured had subjective knowledge of relevant facts that would have given a reasonable person a basis to expect a claim. The publication discusses the case's factual background and the court's ultimate legal holdings.