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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

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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

No coverage for claim first made prior to policy period and because insureds had knowledge of wrongful act prior to policy's inception

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 15 2011

The United States District Court for the District of New Hampshire, applying New Hampshire law, has held that there is no coverage under a professional liability errors and omissions policy where the claim was first made prior to the policy period and the insured had knowledge of the wrongful act prior to the inception date 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

Property damage exclusion precludes duty to defend

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 19 2011

The United States District Court for the District of Colorado has held that an insurer did not owe a duty to defend under a Non-Profit Executive Protection and Employment Practices Liability Insurance (D&O) policy issued to a condominium association (the Association) because the claims in the underlying breach of contract suit fell under the policy’s property damage exclusion

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

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

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