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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


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


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


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


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


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


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


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


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