• Escrow Agent: wife, whose husband closed transactions based on a power of attorney, failed to prove that escrow agent had a fiduciary duty to her to stop transactions in light of injunction entered against husband in divorce proceedings Mortensen v. First American Title Co., Case No. 2:11-CV-0063 (D. Idaho March 25, 2013) (granting summary judgment)
  • Class Action: trial court’s certification of class without findings of fact and conclusions of law was reversible error Fidelity National Title Ins. Co. v. Grosso, Case No. 4D12-2560 (Fla. 4th DCA April 3, 2012) (reversing class certification)
  • RICO: title insurer and its independent agents were an “enterprise” separate and distinct from title insurer for purposes of alleging a “person” distinct from the “enterprise” under RICO Tracey v. First American Title Ins. Co., Case No. 12-1329 (D. Md. March 28, 2013) (order denying motion to dismiss)
  • Duty to Mitigate: insurer who paid insureds and took title to insured lots did not have a duty to deal with other lot owners to effect a joint sale of all of the lots, even though plaintiff, the insureds’ seller, claimed the sale would have mitigated the insurer’s damages Ticor Title Ins. Co. v. Mau, Case No. 12-0000382 (Hawai’i App. March 28, 2013) (affirming in part and reversing in part final judgment)
  • Foreclosure: independent action to set aside foreclosure and sale of property is a collateral attack on judgment of foreclosure and may only be by motion to vacate judgment in foreclosure action; thus, independent action should have been dismissed Indymac Bank, F.S.B. v. Vincoli, Case No. 2221 (N.Y. App. April 3, 2013) (reversing order denying motion to dismiss)
  • Bad Faith: an insurer’s delay in tendering sale proceeds to seller, who was not offered closing protection coverage and was not an insured, did not rise to level of bad faithHorvath v. Lawyers Title Ins. Corp., Case No. 2012-P-0068 (Ohio App. March 29, 2013) (affirming summary judgment)