Piper v. Nitschke’s Northern Resort Condominium Owner’s Assoc., LLC (Wis. App. November 3, 2009)
A condominium association and two condominium owners were sued by several other owners when the association amended its declaration to allow the defendant owners to use commonly owned areas to expand their condos. The defendant owner’s title insurer disclaimed coverage for the suit based upon an exclusion which it contended precluded coverage for all losses arising in any manner from the bylaws and amendments to the condominium declaration. The appellate court held that such an interpretation of the exclusion would render the policy illusory and, accordingly, that coverage was afforded under the policy.
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Bryan Richmond and Joseph Oliva