Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

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Attorney Tred R. Eyerly discusses Novak v. St. Maxent-Wimberly House Condo.

November 30, 2020
Tred R. Eyerly - Insurance Law Hawaii

The insurer successfully established on summary judgment that the insureds' alleged misrepresentation in the sale of a condominium was not an occurrence. Novak v. St. Maxent-Wimberly House Condo., 2020 U.S. Dist. LEXIS 167397 (E.D. La. Sept. 14, 2020).

State Farm issued the sellers a condominium unit owner's policy. The buyers sued the sellers, contending the sellers had made misrepresentations in the sale process. The sellers allegedly failed to disclose defects in the condominium before and at the time of the sale. State Farm intervened, seeking a declaration that it was not required to defend or indemnify the sellers because there was no occurrence.

Mr. Eyerly may be contacted at


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