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Results: 1-10 of 37

Commercial leases in bankruptcy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 17 2012

The last several years have seen bankruptcy filings from prominent retail chains such as Borders, Circuit City, Blockbuster, Movie Gallery and Ritz Camera

Court rejects insurer’s attempt to rescind lawyer's policy and holds prior knowledge exclusion does not bar coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 1 2009

A federal district court has held that a law firm could not have reasonably foreseen that its client would file a malpractice suit against it when it applied for and obtained a renewal of its lawyers professional liability policy, concluding that the attempted real estate transaction giving rise to the suit was thwarted by the client’s own actionsnot the law firm’sand noting that the client continued to work with the firm in related litigation following the canceled transaction

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

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

Coping with commercial leases in bankruptcy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 9 2012

The last several years have seen bankruptcy filings from prominent retail chains such as Borders, Circuit City, Blockbuster, Movie Gallery and Ritz Camera

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

The Interstate Land Sales Act: coming to a courthouse near you

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 29 2008

A little used statute from the 1960’s has made a comeback thanks to a falling real estate market and an active plaintiffs’ bar

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