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Bond exclusion and insured vs. insured exclusions bar coverage for claims against property management company
- Wiley Rein LLP
- -
- USA
- -
- April 18 2013
A California federal district court has held that a bond exclusion in a professional liability policy issued to a property management company and the
Hurricane damage claim barred by property damage exclusion
- Wiley Rein LLP
- -
- USA
- -
- January 18 2013
The United States District Court for the Southern District of Florida has held that an insurer did not owe a duty to defend a lawsuit by a homeowner
Civil rights action against town is related to earlier suit enforcing zoning laws
- Wiley Rein LLP
- -
- USA
- -
- July 11 2012
The United States District Court for the Middle District of Pennsylvania has held that a lawsuit alleging civil rights, First Amendment, and substantive due process violations is a Related Claim to an earlier complaint by the same plaintiffs seeking compliance with the insured town’s zoning laws
Lawsuit based on negligent property management services barred by "professional services" exclusion
- Wiley Rein LLP
- -
- USA
- -
- June 15 2012
An appellate court in California has affirmed a lower court’s ruling that a professional services exclusion barred coverage for a lawsuit based on the negligent performance of property management services at an apartment complex
Exclusion bars coverage for claims against lawyer acting as a mortgage broker
- Wiley Rein LLP
- -
- USA
- -
- May 15 2012
A Connecticut appellate court has held that a lawyers professional liability policy excluded coverage for claims against a lawyer in his capacity as the owner of a mortgage brokerage for alleged breaches of duty in arranging and closing loans and real estate purchases
Exclusions in real estate E&O policy foreclose duty to defend
- Wiley Rein LLP
- -
- USA
- -
- April 9 2012
Applying Alabama law, a federal district court has rejected a real estate management company’s claim that its insurer owes it a duty to defend underlying claims under a real estate errors and omissions policy
Exclusion bars coverage for claims against lawyer acting as a mortgage broker
- Wiley Rein LLP
- -
- USA
- -
- April 9 2012
The Appellate Court of Connecticut, the state’s intermediate court of appeals, has held that a lawyers professional liability policy excluded coverage for claims against a lawyer in his capacity as the owner of a mortgage brokerage for alleged breaches of duty in arranging and closing loans and real estate purchases
Default judgment against insureds unenforceable against insurer
- Wiley Rein LLP
- -
- USA
- -
- April 5 2012
A federal district court, applying California law, has held that a default judgment entered against an insured real estate company and its employee to settle a suit by former clients was unenforceable against the company’s insurer because the judgment was the product of fraud between the company and the former clients
Improper use of funds exclusion did not render coverage for escrow agent illusory
- Wiley Rein LLP
- -
- USA
- -
- April 2 2012
Applying Illinois law, a federal district court has held that a professional liability policy issued to an escrow agent did not afford coverage for claims alleging that the agent mishandled escrow funds by failing to disburse the funds to pay claimants’ property taxes and insurance premiums or to return the funds to claimants
Court holds that property damage exclusion does not bar claim for title-search malpractice
- Wiley Rein LLP
- -
- USA
- -
- March 22 2012
Applying Connecticut law, the Appellate Court of Connecticut held that a professional liability policy’s exclusion for claims for destruction of “tangible property” did not bar a plaintiff’s claim that her attorney’s alleged negligence resulted in her acquiring title to property subject to encumbrances that required it to be demolished by the city
