• Evidence: where insurer denies claim of lack of access based on alternative access, insurer (i) not estopped from raising alternative access as defense at trial, (ii) has standing to raise alternative access as defense even though it does not have ownership interest in property that would benefit from alternative access, and (iii) not precluded from raising alternative access as defense merely because owners of alternative access property not parties to action – Guenther v. Old Republic National Title Ins. Co., No. 1:12-cv-237 (D. Idaho  Mar. 10, 2014) (order on motion in limine)
  • Class Action: under Pennsylvania’s unfair and deceptive trade practices act, nondisclosure of discounted rate not actionable absent fiduciary obligation to disclose – Slapikas v. First American Title Ins. Co., No. 06-0084 (W.D. Pa. Mar. 7, 2014) (memorandum opinion granting motions to decertify and for summary judgment)
  • Class Action: where plaintiff did not review HUD and concerned only with interest rate and total cost to refinance, plaintiff failed to show he justifiably relied on insurer charging correct rate – Slapikas v. First American Title Ins. Co., No. 06-0084 (W.D. Pa. Mar. 7, 2014) (memorandum opinion granting motions to decertify and for summary judgment)
  • Escrow Agent: escrow agent not liable to lender of record for failure to follow escrow agreement between lender’s borrower and seller – Jafari v. FDIC, No. 12-cv-2982 (S.D. Cal. Mar. 4, 2014) (order granting motion to dismiss)
  • Regulatory: insurer violated Indiana rate statute, unsafe business practices statute, and gross premium tax statute by implementing remittance program that did not require any direct correlation between risk undertaken and cost charged for policy – Commonwealth Land Title Ins. Co. v. Robertson, No. 49A04-1302-PL-84 (Ind. Ct. App. Mar. 4, 2014) (affirming trial court order affirming administrative order)
  • Title Insurance: a claim for breach of title insurance policy must include specific factual allegations concerning the actions that triggered coverage under policy.  Mortazavi v. Federal Ins. Co., No. 13cv3141-GPC(BGS) (S.D. Cal. Mar. 11, 2014) (granting in part and denying in part motions to dismiss and denying motion to strike)
  • Incorporation by Reference Doctrine: trial court may consider contents of documents relied upon by plaintiff in complaint on motion to dismiss so long as authenticity of the documents not contested.  Mortazavi v. Federal Ins. Co., No. 13cv3141-GPC(BGS) (S.D. Cal. Mar. 11, 2014) (granting in part and denying in part motions to dismiss and denying motion to strike)
  • Duty to Defend: where plain language of title insurance policy appears to foreclose duty to defend, plaintiff must allege sufficient facts to support existence of such duty. Mortazavi v. Federal Ins. Co., No. 13cv3141-GPC(BGS) (S.D. Cal. Mar. 11, 2014) (granting in part and denying in part motions to dismiss and denying motion to strike)
  • Agency: title insurance company could not introduce evidence on appeal to dispute trial court’s finding that notary public was its agent and title insurance company was therefore liable for notary’s negligence in notarizing signatures on fraudulent home mortgage loans. Michaels v. First USA Title, LLC, No. A13-0757 (Minn. Ct. App. Mar. 17, 2014) (judgment affirmed)