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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

Supreme Court bolsters regulated entities' right to challenge agency enforcement actions in court

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 25 2012

The U.S. Supreme Court awarded a win to agency-regulated entities by finding they have the right to challenge some agency enforcement actions, even if not expressly allowed by statute

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

Exclusion for liability “assumed or asserted” under contract is not limited to claims under indemnity agreements

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 19 2013

The United States District Court for the Middle District of Alabama has held that an exclusion precluding coverage for liability "assumed or

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

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

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

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

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