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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


Default judgment against insureds unenforceable against insurer
  • Wiley Rein LLP
  • USA
  • April 5 2012

A federal district court, applying California law, has held that a default judgment entered against an insured real estate company and its employee to settle a suit by former clients was unenforceable against the company’s insurer because the judgment was the product of fraud between the company and the former clients


Hurricane damage claim barred by property damage exclusion
  • Wiley Rein LLP
  • USA
  • January 18 2013

The United States District Court for the Southern District of Florida has held that an insurer did not owe a duty to defend a lawsuit by a homeowner


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


Real property investment transaction does not constitute a "covered product" under an insurance agents E&O policy
  • Wiley Rein LLP
  • USA
  • July 26 2013

A federal court in West Virginia, applying West Virginia law, has found that allegations regarding a fraudulent real estate deal did not fall within


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


Court holds that property damage exclusion does not bar claim for title-search malpractice
  • Wiley Rein LLP
  • USA
  • March 22 2012

Applying Connecticut law, the Appellate Court of Connecticut held that a professional liability policy’s exclusion for claims for destruction of “tangible property” did not bar a plaintiff’s claim that her attorney’s alleged negligence resulted in her acquiring title to property subject to encumbrances that required it to be demolished by the city


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


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