Publications

Narrow View of Prior Knowledge Exclusion Adopted

November 3, 2008
New York Law Journal

Professional liability policies contain a standard exclusion which bars coverage for claims arising out of an act, error or omission, committed prior to the inception of the policy, where the insured knew or should have known that the act, error or omission could result in a claim. Known as the prior knowledge exclusion, this exclusion is typically not applicable where the insured has disclosed the relevant facts in the application for insurance.