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Escrow Agent’s Theft of Premium Payment Insufficient to Compel Provision of Title Coverage

May 10, 2023

On April 25, 2023, the United States District Court for the Western District of Washington (“the Court”)...

Texas Appellate Court Dismisses Fraud and Fiduciary Duty Claims Against Title Insurer and Title Agent

May 4, 2023

On February 28, 2023, the Texas Third District Court of Appeals (“the Court”) entered its opinion in...

Appellate Court Affirms Strength of “Continuance of Insurance” Title Policy Condition

March 17, 2023

In the November 2022 matter of Shah v. Fidelity National Title Insurance Company, No. A165816, LEXIS 7239...

Illinois Holds Title Insurance Claims Exempt From Complete Defense Rule

January 19, 2023

In Findlay v. Chicago Title Ins. Co., 2022 IL App (1st) 210889 (2022), the Appellate Court of...

NY Court Holds Landmark Designation Triggers 1(A) Exclusion and Cannot Constitute Title Defect

January 6, 2023

In Fawn Second Ave., LLC v. First American Title Insurance, LEXIS 122021 (S.D.N.Y. July 11, 2022), the...

Arkansas Court of Appeals Holds Insured’s Negligent Recording of Its Mortgage Can Trigger 3(a) Exclusion to Preclude Coverage

December 23, 2022

In the recently-decided matter of First National Bank of Izard County v. Old Republic National Title Insurance Company,...

Federal Court Affirms No General Duty for Title Insurers to Search For and Disclose Title Defects Unless Preparing Abstract of Title

November 15, 2022

In Mansur Properties, LLC v. First American Title Insurance Company, 2022 US Dist. LEXIS 190201 (WD Wash...

Wisconsin Court of Appeals Finds for Title Insurer Despite Late Policy Issuance

October 13, 2022

The Court of Appeals of Wisconsin, District Three recently upheld a summary judgment finding for title insurer...

NJ Appeals Court Holds Failure to Plead Bankruptcy Discharge Not a Waiver of Affirmative Defense in Post-Discharge Action

June 24, 2022

In a decision approved for publication, addressing the intersection of New Jersey Court Rule 4:5-4 and 11...

NJ Supreme Court Holds Attorney Review Period Not Required in Absolute Auction Sales

June 20, 2022

The New Jersey Supreme Court recently held that the mandatory three-day attorney review clause that must be...

Florida Federal Court Holds Exclusion 3(a) Bars Coverage Under Title Policy

June 9, 2022

The United States District Court for the Northern District of Florida recently held that a property owner...

Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio

June 2, 2022

The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who...

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