Appellate Division of the Supreme Court of New York, 2011

Gladstein & Isaac v. Philadelphia Indemnity Insurance

Gladstein & Isaac v. Philadelphia Indemnity Insurance
Appellate Division of the Supreme Court of New York · Decided March 8, 2011
82 A.D.3d 468; 918 N.Y.2d 92
Gladstein & Isaac v. Philadelphia Indemnity Insurance

Opinion of the Court

The court properly determined that the allegations in the underlying complaint that plaintiffs’ law firm negligently hired and supervised an attorney who purportedly made sexual advances to a client, fall within the type of errors and omissions coverage provided by defendant’s professional liability insurance policy (see Watkins Glen Cent. School Dist. v National Union Fire Ins. Co. of Pittsburgh, Pa., 286 AD2d 48 [2001]).

While the allegations may not fall under the policy definition of “Personal Injury,” the court properly determined that they fall within the policy’s definition of “Wrongful Act.” Concur— *469Tom, J.E, Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.

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