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Results: 1-10 of 24

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


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


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


Lawsuit based on negligent property management services barred by "professional services" exclusion
  • Wiley Rein LLP
  • USA
  • June 15 2012

An appellate court in California has affirmed a lower court’s ruling that a professional services exclusion barred coverage for a lawsuit based on the negligent performance of property management services at an apartment complex


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


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


Financial interest exclusion bars coverage for real estate agents' dispute with joint venturer
  • Wiley Rein LLP
  • USA
  • December 20 2010

Applying Florida law, the United States District Court for the Middle District of Florida has held that the "financial interest" exclusion of a Real Estate Errors and Omissions Policy barred coverage for a lawsuit brought by the joint venture partner of the insured agents concerning property purchased for the venture in the partner's name


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


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