Mealey's Insurance - Magistrate: Exclusions Do Not Excuse Errors And Omissions Insurer's Duty To Defend

DENVER - A federal magistrate judge in Colorado on Oct. 8 concluded that although two exclusions in a real estate errors and omissions insurance policy bar coverage for an underlying lawsuit alleging that the insured failed to disclose construction defects when selling a home, the insurer's duty to defend is not excused because the insurer has failed to establish that the underlying allegations fall "solely and entirely" under the exclusions (Juan Carlos Lua v. QBE Insurance Corporation, No. 18-01233, D. Colo., 2019 U.S. Dist. LEXIS 174983).
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