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.
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.
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.
North Carolina Court Holds a Land Surveyor Owes No Duty to an Adjoining Landowner Absent Privity or Reliance on Survey
In an issue of first impression, the Court of Appeals of North Carolina held a land surveyor and owner owed no duty to adjoining landowners due to their lack of privity and lack of reliance on the survey.
LGR Realty, Inc. v. Frank and London Insurance Agency – STATUTE OF LIMITATION ON CLAIM AGAINST INSURANCE AGENT IS UNAFFECTED BY “DELAYED DAMAGE” RULE
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.