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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

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