Key Decisions:

Errors & Omissions

Keown v. Tudor Ins. Co. (2012) Haw. App. LEXIS 1078. Prevailed before Hawaii Court of Appeal in establishing policy’s business enterprise exclusion eliminated duty to defend malpractice action brought by real estate buyer when policyholder was volunteer director of another co-buyer.

Flanigan v. Tudor Ins. Co. (2009) (Unpublished Decision). Prevailed before California Court of Appeals in establishing that professional liability policy’s “known circumstance” insuring condition defeated coverage where real estate broker’s pre-policy personal dispute was sufficiently intertwined with professional malpractice to constitute “known circumstance.”

Charles Dunn Co. v. Tudor Ins. Co. (2009) (Unpublished Decision). Prevailed before U.S. Ninth Circuit Court of Appeals (Cal) in establishing that professional liability policy’s self-dealing/business enterprise exclusion precluded coverage for real estate brokerage firm whose employees misappropriated client’s sale opportunity by underpricing property, purchasing property from client, and selling property to third-party in simultaneous transactions earning $1 million profit.

Keown v. Tudor Ins. Co. (2008) 621 F.Supp.2d 1025 (D. HI 2008). U.S. District Court (Hawaii) concluded that federal jurisdiction did not extend to insurance coverage action involving unresolved issue of Hawaii state law.

GERS v. Atlantic Mutual Ins. Co. (9th Cir. 2008) 2008 WL 686855. Duty to defend terminated when the potentially covered claims were referred to arbitration, eliminating duty to defend and indemnify for $5 million errors and omissions claim.

CAMICO Mutual Ins. Co. v. Rooney Ida Nolt & Ahern Accountancy Corp. (2006) (Unpublished decision). Prevailed before California Court of Appeal in establishing that Bay Cities test for “related” acts, errors or omissions applies to multiple suits brought by investors against accounting firm who failed to discover a “Ponzi” scheme during multiple successive audits; only a single “per Claim” limit of liability applied.

KPFF, Inc. v. California Union Ins. Co. (1997) 56 Cal.App.4th 963. Prevailed before California Court of Appeal in establishing case precedent that architects’ and engineers’ professional liability policy does not provide coverage for claim made after policy period ended due to insured’s failure to comply with “awareness” provision.

James Gasketts, Inc. v. St. Joseph’s Omni Health Plan, Inc., et al. (9th Cir. 1997) (Unpublished decision). Prevailed before the Ninth Circuit Court of Appeals regarding dismissal of state law claims seeking recovery of ERISA benefits against insurance agent who procured group health program for claimants’ employer.

Koss v. Pacific Employers Ins. Co. (1992) (Unpublished decision). Prevailed before California Court of Appeal in establishing that attorney’s professional liability policy fraud exclusion applied to claim against policyholder acting as “Cumis” counsel.

Kunkel v. CIGNA Ins. Co. (1991) (Unpublished decision). Prevailed before the California Court of Appeal in upholding “claims made and reported” provision of architect’s professional liability policy, and notice-prejudice rule did not apply.

Travelers Ins. Company v. National Union Fire Ins. Co. of Pittsburgh (1989) 207 Cal.App.3d 1390. Established case precedent under “occurrence” from attorney’s professional liability policy that giving of erroneous tax advice was the act triggering coverage, although claimant not damaged until the first spouse died.