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Commercial leases in bankruptcy
  • Wiley Rein LLP
  • USA
  • February 17 2012

The last several years have seen bankruptcy filings from prominent retail chains such as Borders, Circuit City, Blockbuster, Movie Gallery and Ritz Camera


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


The Interstate Land Sales Act: coming to a courthouse near you
  • Wiley Rein LLP
  • USA
  • April 29 2008

A little used statute from the 1960’s has made a comeback thanks to a falling real estate market and an active plaintiffs’ bar


Fifth Circuit upholds FCC's Shot Clocktower siting ruling
  • Wiley Rein LLP
  • USA
  • January 23 2012

Today, the U.S


Exclusion for liability “assumed or asserted” under contract is not limited to claims under indemnity agreements
  • Wiley Rein LLP
  • USA
  • September 19 2013

The United States District Court for the Middle District of Alabama has held that an exclusion precluding coverage for liability "assumed or


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


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


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


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