WMOP, LLC v. Scottsdale Ins. Co., Inc., 192 A.D.3d 411 (1st Dep’t 2021).
In a claim for coverage under a professional malpractice policy arising out of the death of a nursing resident, successfully argued that the nursing home’s forwarding to a prior insurer of a request for medical records of the deceased resident made by a prominent personal injury firm specializing in elder neglect cases constituted prior notice and therefore excluded by the policy’s “prior notice” exclusion.

By, Joseph D’Ambrosio