Madison Mutual Ins. Co. v. Diamond State Ins. Co.

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in plaintiff-insurance company’s action seeking declaration that defendant’s professional liability errors and omissions policy issued to insured covered some claims in underlying lawsuit alleging that insured conducted pattern of harassment, intimidation and interference with property rights of insured’s neighbors. Underlying lawsuit alleged that insured had commercially farmed her own property in violation of restrictive covenants, polluted adjoining lake, interfered with neighbors’ easement rights, posted offensive signs and stalked neighbors, and defendant’s policy that provided coverage for acts arising out of any professional services insured had provided to others as real estate broker did not cover any alleged acts of insured in her role as neighbor in underlying lawsuit. Moreover, plaintiffs in underlying lawsuit failed to allege that insured had breached any professional obligation as real estate broker.