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Duty to defend not triggered by allegations outside professional services coverage

Wiley Rein LLP
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USA
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May 6 2008

The United States District Court for the District of Colorado, applying Colorado law, has held that allegations in several lawsuits brought against a real estate investment trust did not trigger the insurer's duty to defend the trust under miscellaneous professional liability policies that covered the provision of professional services

No coverage for malpractice claim against real estate broker when claimant threatened suit prior to policy inception

Wiley Rein LLP
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USA
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July 2 2009

The California Court of Appeal affirmed summary judgment for an insurer pursuant to a malpractice insurance policy’s prior knowledge provision based upon the claimants’ threat of a lawsuit against the insured prior to the inception of the policy

Update on bill to allow risk retention groups to offer commercial property insurance

Wiley Rein LLP
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USA
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August 14 2008

The "Increasing Insurance Coverage Options for Consumers Act of 2008," sponsored by Rep. Dennis Moore (D-KS), has been forwarded to the House Financial Services Committee

Alleged misconduct in connection with attempted real estate mergers held not to constitute professional services

Wiley Rein LLP
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USA
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July 24 2009

The United States Court of Appeals for the Eleventh Circuit, applying Alabama law, has held that actions allegedly taken in connection with attempted real estate mergers do not constitute professional services under a professional liability policy

Federal court in Idaho holds coverage barred under real estate liability policy, but insurer not entitled to reimbursement of defense expenses

Wiley Rein LLP
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USA
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August 19 2008

The U.S. District Court for the District of Idaho has held that a real estate liability policy afforded no coverage for an underlying action brought against the insured-real estate listing agent by real estate purchasers

No coverage under D&O policy for property damage or for amounts incurred in connection with equitable relief

Wiley Rein LLP
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USA
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December 11 2009

The United States District Court for the Middle District of Tennessee has held that no coverage existed under the D&O provisions of a homeowners association’s policy for loss sustained due to the association’s obligation to repair structural defects in its members’ townhouses for two independent reasons

Federal Court in Idaho holds coverage barred under real estate liability policy, but insurer not entitled to reimbursement of defense expenses

Wiley Rein LLP
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USA
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September 10 2008

The United States District Court for the District of Idaho has held that a real estate liability policy afforded no coverage for an underlying action brought against the insured real estate listing agent by real estate purchasers

Financial interest exclusion bars coverage for real estate agents' dispute with joint venturer

Wiley Rein LLP
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USA
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December 20 2010

Applying Florida law, the United States District Court for the Middle District of Florida has held that the "financial interest" exclusion of a Real Estate Errors and Omissions Policy barred coverage for a lawsuit brought by the joint venture partner of the insured agents concerning property purchased for the venture in the partner's name

Letters from claimant's counsel deemed to constitute "claims" despite absence of express request for relief

Wiley Rein LLP
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USA
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November 9 2010

The United States District Court for the District of Minnesota, applying Minnesota law, has held that letters sent to an insured company by counsel retained by an injured party constituted "claims" and, that, because notice of those claims was not provided during the relevant claims-made policy period, the insurer had no obligation to defend or indemnify the company in connection with a subsequent lawsuit brought by the injured party

Attorney's notice of claim two years after letter threatening legal malpractice claim deemed untimely

Wiley Rein LLP
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USA
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June 29 2010

The United States District Court for the District of New Jersey, applying New Jersey law, has held that an insured attorney breached the notice provision of his lawyers liability policy by giving notice two years after the claimant first sent a letter alleging the insured committed legal malpractice