• Apparent Authority: title insurer not liable for independent title insurance issuing agent’s misrepresentations to insured lender in connection with closing where written agency agreement limited agent’s authority to issuing title insurance commitments, endorsements and other title assurances – Branch Banking & Trust Co. v. Fidelity Nat’l Title Ins. Co., No. 3:11-00301 (M.D. Tenn. Dec. 30, 2013) (memorandum opinion granting summary judgment) 
  • Apparent Authority: by dealing with known or purported agent, third party put on inquiry as to nature and scope of agent’s authority to act on behalf of principal and must use due care to discover same or suffer the consequences if exceeded – Branch Banking & Trust Co. v. Fidelity Nat’l Title Ins. Co., No. 3:11-00301 (M.D. Tenn. Dec. 30, 2013) (memorandum opinion granting summary judgment) 
  • Agent Liability: although issuing agent may wear two hats in closing real estate transaction and selling title insurance, title insurance company not liable for mishandling of real estate closing – Branch Banking & Trust Co. v. Fidelity Nat’l Title Ins. Co., No. 3:11-00301 (M.D. Tenn. Dec. 30, 2013) (memorandum opinion granting summary judgment) 
  • Misrepresentation: marked up title commitment cannot form basis of negligent or intentional misrepresentation claim because it does not represent a present or past fact, or supply false information but merely states terms and conditions on which insurer willing to issue policy – Branch Banking & Trust Co. v. Fidelity Nat’l Title Ins. Co., No. 3:11-00301 (M.D. Tenn. Dec. 30, 2013) (memorandum opinion granting summary judgment) 
  • Diminution in Value: jury verdict determining insurer did not breach policy by tendering $3,500 for diminution in value to insured estate due to easement but that actual diminution was $70,000 is irreconcilably inconsistent – Borowski v. Stewart Title Guar. Co., No. 2013AP537 (Wis. App. Dec. 27, 2013) (reversed and remanded) 
  • Diminution in Value: tendering value of land subject to easement may not capture actual diminution in value to entire estate due to easement – Borowski v. Stewart Title Guar. Co., No. 2013AP537 (Wis. App. Dec. 27, 2013) (reversed and remanded) 
  • Statute of Limitations: claims for breach of contract, promissory estoppel, breach of fiduciary duty and misrepresentation based on insurer’s alleged failure to defend and indemnify not barred by 3-year statute of limitations where complaint filed within 3 years of denial – Bank of America, N.A. v. Dakota Homestead Title Ins. Co., No. 13-1177 (10th Cir. Dec. 26, 2013) (affirming in part and reversing in part) 
  • Misjoinder: dismissal of defendants who settled with codefendants and assigned rights against plaintiff to co-defendants depends on validity of settlement agreement and, if invalid, dismissal could be improper and might not support efficiency or judicial economy –Travelers Indem. Co. of Connecticut v. Attorneys Title Ins. Fund, Inc., No. 2:13-cv-670 (M.D. Fla. Dec. 18, 2013) 
  • Agent Liability: insurer not liable for representations of issuing agent to insured that the insured benefited from right of way where agent acting outside scope of agency –McColgan v. Brewer, No. 516485 (N.Y. App. Dec. 19, 2013) (affirming summary judgment)