Eddy vs. BSTV Inc.

(Wisconsin Court of Appeals, District I, March 8, 2005)

–Ruling:Professional services exclusion barred coverage for claims asserted against real estate agents.

The court held that the professional services exclusion in the policy barred coverage for plaintiffs’ claims that the insured real estate company and agent sold them a home that they knew or should have known was infested with mold contamination. Since the insureds were in the home-selling business, and were “real estate agents” as that phrase was used in all the policies, their sale of the contaminated home was in the course of their “rendering … professional services” as real estate agents.

Goldberg Segalla (www.goldbergsegalla.com) counsels and represents individuals and businesses in specialized areas of civil litigation, contractual and extra-contractual disputes and regulatory matters before state and federal agencies. Kevin T. Merriman can be reached at kmerriman@goldbergsegalla.com.