The case before the Westchester court is an action for a declaratory judgment that the defendant insurance company is obligated to defend and indemnify the plaintiff under a lawyers professional liability insurance policy. The plaintiff is an attorney whose practice is concentrated mainly in criminal defense.
The plaintiff attorney was retained to represent a defendant that had been indicted by the Nassau County Grand Jury and charged with various counts of sodomy in the first degree as well as several other forcible sexual conduct crimes with his daughter. The alleged acts were said to occur between March of 1995 and December of 1998. The victim was between 10 and 13 years old at the time the acts took place. The defendant was indicted in New York County for similar activity as well.