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Lawsuit based on negligent property management services barred by "professional services" exclusion

Wiley Rein LLP
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USA
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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

Bond exclusion and insured vs. insured exclusions bar coverage for claims against property management company

Wiley Rein LLP
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USA
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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
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USA
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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

Default judgment against insureds unenforceable against insurer

Wiley Rein LLP
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USA
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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

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

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