REAL PROPERTY UPDATE

  • Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of foreclosure YHT & Associates, Inc. v Nationstar Mortgage LLC, Case No. 2D15-1394 (Fla. 2d DCA September 30, 2015)
  • Inverse Condemnation: condemnation blight is a manner of calculating damages resulting from a taking and not a separate cause of action for inverse condemnationTeitelbaum v So. Fl. Water Management District, Case No. 3D14-963 (Fla. 3d DCA September 30, 2015)

TITLE INSURANCE UPDATE

  • Agent Liability: reversing summary judgment to determine whether attorney was hired as an attorney agent or an approved attorney and thus whether  statute of limitations applies – Mississippi Valley Title Ins. Co. v. Thompson, Case No. 12-1688 (11th Cir. Sept. 29, 2015) (reversing summary judgment)
  • Notice: insured’s duty to notify a title insurer is a condition precedent to the insurer’s liability and noncompliance triggers a presumption of prejudice – Pike v. Conestoga Title Ins. Co., Case No. 16A05-1501-CT-27 (Ind. App. Sept. 28, 2015) (affirming summary judgment)
  • Agent E&O: duty to defend arises as long as there are covered claims, even where express exclusions for employee fraud and defalcation apply on the face of the complaint– Title Indus. Assurance Co., RRG v. Chicago Abstract Title Agency, Case No. 14-C-1906 (N.D. Ill. Sept. 24, 2015) (memorandum opinion on cross motions for summary judgment)
  • Agent E&O: insurer estopped from raising coverage defenses not originally raised in denial – Title Indus. Assurance Co., RRG v. Chicago Abstract Title Agency,Case No. 14-C-1906 (N.D. Ill. Sept. 24, 2015) (memorandum opinion on cross motions for summary judgment)
  • Agent E&O: where insured under title insurance policy is an indispensable party to title agent’s professional liability carrier’s declaratory judgment action because of his right to recover from agent and title insurer’s right to recover from agent is the same claim, the title insurer is a necessary party to the declaratory judgment action – Houston Specialty Ins. Co. v. Titleworks of Southwest Florida, Inc., Case No. 2:15-cv-219 (M.D. Fla.  Sept. 22, 2015) (opinion and order denying motion to dismiss)