The past term's significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the practice of insurance law in important ways. Among the most notable of these decisions was K2 Investment Group v. American Guarantee & Liability Ins.,1 where the court evaluated the consequences to an insurance carrier of its breach of the duty to defend its insured. Decided at the end of the term, and discussed at the end of this article, the decision is surely one of the most widely discussed and debated insurance law decisions rendered by the court in recent years.
Judge Robert S. Smith wrote three opinions for the court, including the opinion in K2 Investment; all Smith's opinions were unanimous. Judge Carmen Beauchamp Ciparick, now retired, wrote two majority opinions. Judge Victoria A. Graffeo wrote one unanimous opinion,2 while Judge Jenny Rivera, whom the New York State Senate confirmed on Feb. 11, wrote one opinion for a divided court. The court affirmed three Appellate Division decisions, reversed three, and modified one.
Homeowner's Insurance
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