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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
November 25, 2019

Seventh Circuit Finds E&O Coverage Illusory

The insurer brought a declaratory judgment action arguing it had no duty under Errors & Omissions (“E&O”) coverage of primary and excess insurance policies to defend its insured in an underlying breach of contract claim.  The 7th Circuit reversed and remanded finding the exclusion rendered the coverage illusory. 

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Professional Liability Blog
October 4, 2019

Edson v. Fogarty - Broker Can Be Liable to Purchaser for Misrepresentation of Fact, Regardless of Reliance, Where Purchaser Could Not Have Discovered Misrepresentation on Its Own

This article discusses a decision by the 1st District of the Illinois Court of Appeals clarifying the law on when a broker can be liable for negligent misrepresentations during the sale of property and held a broker liable for misrepresentations made about the zoning of property.

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Professional Liability Blog
July 17, 2019

Eastern District of New York Liberally Interprets Insurance Policy for the Benefit of the Insured

In Ill. Union Ins. Co. v. US Bus Charter & Limo Inc., 291 F. Supp. 3d 286 (E.D. N.Y. 2018), the United States District Court for the Eastern District of New York addressed the scope of coverage for alleged violation of the Telephone Consumer Protection Act (TPCA). One of the main issues presented was whether a TCPA violation was within the scope of the insurance policy’s coverage for performance of professional services and travel agency operations. 

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