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Results: 1-10 of 24

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


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


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


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


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 bars coverage for claims against lawyer acting as a mortgage broker
  • Wiley Rein LLP
  • USA
  • May 15 2012

A Connecticut appellate court 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


Prior knowledge condition not satisfied where insured had reason to foresee possible claim despite belief that claim would be meritless
  • Wiley Rein LLP
  • USA
  • March 4 2011

The U.S. Court of Appeals for the Tenth Circuit has held that an insured employer’s knowledge of its employee’s prior fraudulent acts gave the employer reason, prior to the policy’s inception, to foresee a potential claim based on its negligent hiring and supervision of the employee


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


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