• Duty to Defend: policy requiring insurer to defend causes of action alleging matters insured by the policy does not require defense of litigation commenced by insured against
  • other party in which no cause of action is asserted against insuredSands Point Partners Private Client Group v. Fidelity National Title Ins. Co.. Case No. 2011-08726 (N.Y. App. Oct. 24, 2012) (affirming dismissal)
  • Class Action: where agency agreement give control over and access to independent title agent’s closing files insurer has “possession, custody, or control” over documents held by its agents for purposes of issuing a litigation hold to agents as to such documents Haskins v. First American Title Ins. Co., Case No. 10-5044 (D.N.J. Oct. 18, 2012)
  • Continuation of Coverage: once insured transfers title to property without warranty of title, insurer has no duty to defend insured, even against claims of implied warranties of title Washington Temple Church of God in Christ, Inc. v. Global Properties and Associates, Inc., Case No. 29690-05 (N.Y. App. Oct. 18, 2012) (granting motion for summary judgment)