Summary judgment win on declaratory judgment action involving alleged real estate misrepresentation
Tom Costello and Chris Ktenas

March 2023

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Tom Costello and Chris Ktenas secured a summary judgment decision in favor of the firm’s insurer client, with the Court agreeing that the firm’s client did not owe any potential coverage, duty to defend or duty to indemnify an insured with regard to an underlying lawsuit in which the insured was alleged to have engaged in misrepresentations in the course of a real estate transaction.  The court agreed that the alleged claims did not potentially fall within the policy’s coverage and were excluded because the alleged conduct was alleged to have arisen from fraud or negligence in the negotiation and sale of the real estate in question.