• Escrow Agent: cause of purchaser’s loss was property’s commercial zoning classification and agent’s revision of purchaser’s deed to reflect that property was to be used for commercial, as opposed to residential, purposes did not cause purchaser’s loss McCulley v. American Land Title Co., Case No. 12-0117 (Mont. April 9, 2013) (affirming in part and reversing in part summary judgment)
  • Statute of Limitations: under Colorado law, claims accrue when insured knew or should have known of all facts essential to state a claim and claim made beyond the statutory period from date of denial of coverage is barredBank of America, N.A., v. Dakota Homestead Title Ins. Co., Case No. 12-cv-02126 (D. Colo. March 29, 2013) (granting motion to dismiss)
  • Duty to Defend: because title issues are discrete and may be bifurcated, the “in for one, in for all” insurance rule does not apply and an insurer does not have a duty to defend claims not covered even though they may be inextricably intertwined with and related to the title defect GMAC Mortgage LLC v. First American Title Ins. Co., Case No. 11161 (Mass. April 4, 2013) (answering certified questions)
  • Duty to Defend: insurer does not have duty to defend non-compulsory counterclaims brought against insured in action instituted by insurer to cure defect GMAC Mortgage LLC v. First American Title Ins. Co., Case No. 11161 (Mass. April 4, 2013) (answering certified questions)
  • Attorney-Client Privilege: where outside coverage counsel is also investigating the validity of the underlying title claim and insurer has not established separate files, entire claim file is presumptively discoverable in bad faith action, subject to showing communications relate exclusively to coverageStewart Title Guaranty Co. v. Credit Suisse, Case No. 1:11-CV-227 (D. Idaho April 3, 2013) (granting motion to compel in part)
  • Exclusion: insured’s allegations that title agent represented that its title insurance policy was “forward looking” are insufficient as a matter of law to overcome the clear language of post-policy exclusion and, thus, policy did not cover mortgage created and recorded subsequent to issuance of policyMoreno v. Wells Fargo Bank, N.A., Case No. A12-1620 (Minn. App. April 8, 2013) (affirming summary judgment)
  • ADA: dismissing with prejudice claims under the American with Disabilities Act against title insurer as frivolous shotgun pleadings full of vitriolic and scandalous allegations Petrano v. Old Republic National Title Ins. Co., Case No. 1:12cv86 (N.D. Fla. March 29, 2013) (adopting report and recommendation, dismissal with prejudice, and entering sanctions)
  • Lis Pendens: insurer who issued policies while a lis pendens was still pending against insured property, but after plaintiff in underlying action had withdrawn the only claim against the property owner, was not liable to plaintiff for negligence, aiding and abetting fraud, or unfair trade practices – Peterson v. Connecticut Attorneys Title Ins. Co., Case No. 34207 (Conn. App. April 16, 2013) (affirming summary judgment)