• Measure of Damages: difference in value to title to the property as insured and subject to easement is the measure of damage under a title insurance policy and not the cost of removing a gas main from the easement – Weber Estates Investments, LLC v. Chicago Title Ins. Co., Case No. 4-13-0892 (Ill. App. Sept. 25, 2014) (affirming summary judgment).
  • Coverage: insurer’s declaratory judgment action as to coverage is not an action for which insured’s law firm may be liable and thus third party complaint should have been dismissed – Fidelity Nat. Title Ins. Co. v. Altshuler Shaham Provident Funds Ltd., Case No. 06371 (N.Y. App. Sept. 25, 2014) (reversing order consolidating cases and instructing clerk to enter dismissal of third party complaint).
  • Subrogation: when a title insurer makes payment under a policy in order to facilitate a settlement, it assumes all of the rights, claims and remedies of the insured pursuant to the policy and basic principles of subrogation – F.D.I.C. v. Nevada Title Co., Case No. 2-13-cv-00606 (D. Nev. Sept. 25, 2014) (order substituting party plaintiff).
  • Access: certifying for appeal ruling that, where insurer negotiates a revocable 30 year right of access for insured, there is no coverage under a title insurance policy for lack of access or unmarketability of title – Fidelity National Title Ins. Co. v. Woody Creek Ventures, LLC, Case No. 13-cv-01289 (D. Colo. Sept. 17, 2014) (order reversing denial of request to certify prior order and certifying order for immediate appeal).
  • Marketability: determining that the difference in value of the title as insured and the value of the title subject to the risk insured against by the loan policy of title insurance is equivalent to the property’s fair market value because title was not marketable in light of prior mortgage insured – First Community Bank v. Commonwealth Land Title Ins. Co., Case No. 3:-13-cv-00699 (M.D. La. Sept. 19, 2014) (granting in part motions for cross summary judgment and entering final judgment).