Insights

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

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

New York Court Reaffirms Basic 3(a) and 3(d) Exclusion Principles and That Issuance of Title Policy Does Not Create Fiduciary Duty

In Murphy v. Commonwealth Land Title Ins. Co., No. 20-CV-2793, LEXIS 144866 (E.D.N.Y. Aug. 12, 2022), the...

New Jersey Appellate Division Holds Unrecorded Mortgages Enforceable and Sufficient to Trigger Statutory Interest Caps Under N.J.S.A. 31:1-1

In the recently-issued decision of Deutsch v. Iedu Tech., No. A-1541-21, LEXIS 2309 (App. Div. Nov. 23,...

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

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

Sixth Circuit Reaffirms Mortgagor’s Right to Excess Proceeds in a Foreclosure Under Doctrine of Equitable Title

The United States Court of Appeals for the Sixth Circuit recently issued an opinion reaffirming mortgagors’ post-foreclosure...

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

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

Federal Court Decision Holds Transgender Status and Gender Dysphoria May Constitute Disability Under FHA, ADA, and Rehabilitation Acts but Plaintiff Failed to Plead Necessary Factual Links

The United States District Court for the District of Oregon (“the Court”) recently issued an opinion with...

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

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

Pennsylvania Federal Court Dismisses Statutory Claims, Allows Breach of Contract Claims in Wire Fraud Case

In a wire fraud claim raised by a bank’s customer, the United States District Court for the...