Harper | Hayes PLLC attorneys secure key insurance coverage ruling in favor of executive officers of condominium association. In Willing v. CAU, United States District Court Judge Robert Lasnik granted the policyholders’ partial summary judgment motion – and denied the insurer’s summary judgment motion – ruling that the insurer had a duty to defend the policyholders from a condominium association’s claim that the policyholders, as former executive officers of the condominium, breached their fiduciary duties to the association by failing to discover and correct defects in the condominium’s construction. The Court rejected the insurer’s arguments that the claims fell outside the policy’s coverage for “property damage caused by an occurrence,” and that the damage involved property the insured “owned, rented, or occupied.” The Court’s ruling is accessible via the following link:
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