United States First Circuit

In a case involving use of false credit information that is material to the risk of home mortgages lending transactions, grant of summary judgment in favor of defendant-insurer is affirmed where: 1) Decision One's allegations place plaintiff-mortgage company conduct squarely within the errors and omissions policy's fraud and dishonesty exclusion, and plaintiff was not entitled to indemnification; 2) there was no legal basis for plaintiff's claim that under state law, an insurer may not deny indemnity coverage because of the insurer's fraud or dishonesty without a showing that the insured intended to harm the injured party; and 3) defendant has no duty to defend because Decision One alleged misconduct by plaintiff that is plainly excluded from coverage.

Appellate Information

• Decided 09/30/2008
• Published 09/30/2008

Judges

Court

• United States First Circuit

Counsel