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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


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


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


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


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


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


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


Letters from claimant's counsel deemed to constitute "claims" despite absence of express request for relief
  • Wiley Rein LLP
  • USA
  • November 9 2010

The United States District Court for the District of Minnesota, applying Minnesota law, has held that letters sent to an insured company by counsel retained by an injured party constituted "claims" and, that, because notice of those claims was not provided during the relevant claims-made policy period, the insurer had no obligation to defend or indemnify the company in connection with a subsequent lawsuit brought by the injured party


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