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Results: 1-10 of 24

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


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


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 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


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


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


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 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