2-28-07 (A-91-05)
The question whether an insured had “knowledge of any
circumstance, act, error or omission that could result in a
professional liability claim” is subjective in nature.
Nevertheless, there was no genuine issue of material fact
requiring submission of the issue to a fact-finder, and thus
summary judgment denying insurance coverage was properly
granted, because the insured knew at the time it completed the
application for insurance that one trial court and two Appellate
Division decisions indicated that it had missed the statute of
limitations in filing a complaint.
