033854P.pdf   08/19/2004  Pacific Ins. Co.  v.  Burnet Title
   U.S. Court of Appeals Case No:  03-3854
   District of Minnesota   
   Civil case- Insurance law. Underlying complaint filed against Burnet, 
   alleging that as a real estate service provider it failed to disclose costs 
   accurately on settlement statements in violation of the Real Estate 
   Settlement Procedures Act, related to its professional rather than 
   ministerial conduct and was the type of professional misconduct covered 
   by the errors and omissions policy issued by the defendant; complaint did 
   not allege provider intentionally violated the Act, and the policy's 
   exclusion for intentional and willful acts did not preclude coverage; in the 
   context of a claim under the Act, the award of attorneys' fees is damage 
   award and not costs, and the underlying complaint, which requested an 
   award of attorneys' fees, was sufficient to create a covered claim for 
   damages. 
   [PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Heaney, Circuit Judge]