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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

Property damage exclusion bars coverage for negligence and breach of fiduciary duty claims

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 11 2013

The United States District Court for the Southern District of Texas, applying Texas law, has held that an insurer had no duty to defend two lawsuits

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

Duty to defend not triggered by allegations outside professional services coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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