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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 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


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


FEC permits realtors’ PAC to raise additional funds
  • Wiley Rein LLP
  • USA
  • January 19 2007

On December 14, 2006, and by a vote of 4-2, the Federal Elections Commission (FEC) permitted RPAC, the federal PAC of the National Association of Realtors (NAR), to institute a plan to raise additional funds for its federal political activity


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


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


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 FDIC suit for erroneous appraisal performed before prior acts date
  • Wiley Rein LLP
  • USA
  • February 17 2012

Applying California law, a federal district court has held that an insurer had no duty to indemnify a real estate appraiser who allegedly made negligent misrepresentations in an appraisal conducted before the applicable policy’s prior acts date


Court holds that property damage exclusion does not bar claim for title-search malpractice
  • Wiley Rein LLP
  • USA
  • March 22 2012

Applying Connecticut law, the Appellate Court of Connecticut held that a professional liability policy’s exclusion for claims for destruction of “tangible property” did not bar a plaintiff’s claim that her attorney’s alleged negligence resulted in her acquiring title to property subject to encumbrances that required it to be demolished by the city