• Tort: under circumstances of this case, title insurance agent had a duty to exercise reasonable care in conducting a preliminary title search and transmitting the information to the customer in the form of a title insurance commitment but insurer is not vicariously liable for agent’s actions based on exculpatory language in the policy 100 Invest. LP v. Colombia Town Center Title Co., Case No. 19 (Md. App. Jan. 29, 2013) (affirmed in part and reversed in part)
  • Access: title insurance policy insures against lack of legally enforceable access even where owner has permissive access to property Cynergy LLC v. First American Title Ins. Co., Case No. 12-10495 (11th Cir. Jan. 28, 2013) (affirming summary judgment)
  • Exclusion 3(a): a lender’s actual, subjective knowledge of lack of legal access is an “other matter” assumed by the lender within the meaning of exclusion 3(a)Cynergy LLC v. First American Title Ins. Co., Case No. 12-10495 (11th Cir. Jan. 28, 2013) (affirming summary judgment)
  • Subrogation: insured’s allegation that insurer inappropriately collected on a restitution order based on its misrepresentations to state attorney’s office where the insured’s losses had not yet been fully paid stated cause of action Marchetti v. Chicago Title Ins. Co., Case No. 12-cv-5985 (E.D. Ill. Jan. 28, 2013) (denying motion to dismiss) [this will be one to watch for those of you collecting on an insurer’s subrogation rights while the insured’s claim is still pending]
  • EUO: insurer may not demand examination under oath unless the examination is material to the insurer’s investigation of the insured’s claim, even where the insurance policy expressly grants the insurer the right to take an examination under oath Staples v. Allstate Ins. Co., Case No. 86413-6 (Wash. Jan. 24, 2013) (reversing summary judgment)
  • EUO: an insured’s authorization of insurer to access to its financial records and appearance for two unsworn statements may constitute substantial compliance with insurer’s demand for EUO Staples v. Allstate Ins. Co., Case No. 86413-6 (Wash. Jan. 24, 2013) (reversing summary judgment)
  • EUO: insured’s failure to cooperate by not submitting to an EUO does not automatically absolve insurer of liability unless insurer can also show prejudice Staples v. Allstate Ins. Co., Case No. 86413-6 (Wash. Jan. 24, 2013) (reversing summary judgment)