Plaintiffs allege that they sustained damages when they relied on defendants' negligent advice that they could disclaim coverage of their insured in an underlying malpractice action. In support of their motion to dismiss, defendants properly rely on documentary evidence, including the challenged disclaimer letter and the relevant policy, since their authenticity is undisputed and their contents are essentially undeniable. The disclaimer letter sets forth an analysis of plaintiffs' right to refuse coverage on two independent bases. Dismissal is required because plaintiffs fail to plead with specificity or to argue that one of the two bases for defendants' advice was incorrect.
Lloyd's Syndicate 2987 v. Furman Kornfeld & Brennan, LLP, (1st Dep't April 23, 2020)
Here is the decision.
