SACKS AND SACKS v. HOME INSURANCE COMPANY

While many of the acts of legal malpractice alleged in the underlying action may be within the prior acts exclusion of the policy, it is not clear that they all are. As the IAS Court stated, in the absence of a showing "that the allegations of the [underlying] complaint cast the pleading entirely within the policy exclusion", defendant owes plaintiffs a duty to defend (see, Fitzpatrick v American Honda Motor Co., 78 N.Y.2d 61, 65-66).

Concur — Carro, J.P., Rosenberger, Ellerin and Asch, JJ.