Attorneys obtained a Motion for Judgment on the Pleadings in an insurance coverage case

Attorneys obtained a Motion for Judgment on the Pleadings in an insurance coverage case involving hundreds of homeowners who claimed they were defrauded by mortgage lenders, builders, and a home appraiser who allegedly overvalued their homes in order to place unnecessarily large mortgages on the homes, which then generated larger commissions and revenue for the lenders and appraiser. When the housing market fell, the homeowners were allegedly left with large mortgages that were not reflective of the real value of the homes. Defendant, an insurer for the appraiser, filed a declaratory judgment action against the appraiser, asserting that there was no coverage for the suit based on various exclusions. The court granted the motion in part, finding no duty to indemnify the appraiser but found a duty to defend existed. The defense attorneys then filed a Motion for Reconsideration as to the duty to defend issue. The court granted the motion and reversed itself, finding no duty to defend as well.