Insurance Coverage – Errors & Omissions Coverage

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7^th Circuit Court of Appeals

Case Name: Madison Mutual Insurance Company v. Diamond State Insurance

Case No.: 15-3292

Officials: WOOD, Chief Judge, and ROVNER and HAMILTON, Circuit Judges.

Focus: Insurance Coverage – Errors & Omissions Coverage

Madison Mutual Insurance Company (“Madison Mutual”) brought suit seeking a declaratory judgment obliging Diamond State Insurance Company (“Diamond State”) to defend Geraldine Davidson in a state‐ court action filed by her former neighbors, Dr. William and Wendy Dribben. Diamond State previously provided professional liability errors and omissions coverage to Davidson in her capacity as a real estate broker and supplied a defense to Davidson in a previous suit alleging certain wrongdoing by Davidson as a broker. Because the new suit repeats certain allegations from the prior suit, Madison Mutual asserts that it both relates back to the earlier action and may potentially involve claims within the coverage provided by Diamond State. The district court rejected these assertions and entered summary judgment in favor of Diamond State. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.