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The insurer’s duty to defend its insured has recently been a popular topic for legal commentators in this and other publications. Following the June 2013 Court of Appeals decision in K2 Investment Group v. American Guarantee & Liability Ins., 21 NY3d 384, 971 NYS2d 229 (2013), in which the court held that “when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty to indemnify its insured for a judgment against him,” numerous articles were written about this important and controversial decision, its meaning and its effects.1

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