• Statute of Limitations: statute of limitations on breach of title insurance policy claim begins to run on date of foreclosure sale when insured mortgage was divested because – contrary to the policy – it was junior to a prior lien – U.S. Bank Nat’l Ass’n v. First American Title Ins. Corp., No. 13-2594 (3rd Cir. June 20, 2014) (affirming judgment)
  • Class Action: declining to vacate order granting summary judgment on claims under unfair trade practices act due to lack of justifiable reliance and decertifying class based on the predominance of individual questions – Slapikas v. First American Title Ins. Co., No. 06-0084 (W.D. Penn. June 19, 2014) (denying motion to vacate order and stay case)
  • Legal Services: question whether attorney title insurance agent provides legal services in performing a search, forming an opinion of title, and issuing a commitment or policy certified to Alabama Supreme Court – Mississippi Valley Title Ins. Co. v. Thompson, No. 12-16188 (11th Cir. June 19, 2014) (certifying question)
  • Bankruptcy: mortgage debt held nondischargable due to false representations where borrowers whose mortgage was unrecorded due to title company error sold the collateral, failed to disclose mortgage at closing, failed to pay off mortgage with proceeds of closing, and hid closing from mortgagee by making payments for three years – In re Krause, No. 13-B-15811 13-A-00901 (N.D. Ill. April 30, 2014) (memorandum opinion determining debt nondischargable)
  • Right to Cure: delay of 20 months before filing quiet title action gives rise to strong inference that insurer failed to act with reasonable diligence in curing title – Granelli v. Chicago Title Ins. Co., No. 13-1024 (3rd Cir. June 17, 2014) (vacating order of summary judgment in part)
  • Tort: PCA of final summary judgment holding that claim for negligent failure to disclose foreign bankruptcy after title insurance commitment issued barred by exculpatory language limiting claims to those based on and subject to terms of commitment – Land Management of South Florida Inc. v. Attorney’s Title Ins. Fund, Inc., No. 2D13-2641 (Fla. 2nd DCA June 27, 2014) (per curiam affirmed). Congratulations to Brian Koch, Alaine Greeberg, and William Clayton on this significant post-Tiara judgment and PCA
  • Agent: principal of corporate agent who uses escrow funds of third parties for own personal obligations not entitled to hide behind corporate form and insurer injured by his actions may pierce corporate veil – Old Republic National Title Ins. Co. v. Home Abstract and Title Co., Inc., No. 1:12cv00171 (D. Utah June 27, 2014) (memorandum decision and order granting in part summary judgment)
  • Continuation of Coverage: insured who voluntarily transfers property by quit claim deed to affiliate entity terminates coverage under title insurance policy – Durbano & Garn Invst. Co., LC v. First Am. Title Ins. Co., No. 20120943 (Utah App. June 26, 2014) (affirming summary judgment)
  • CPL: title insurer seeks rehearing on whether defendant must have standing to assert defenses based on plaintiff’s purchase and assumption agreement and whether CPLs are tied to corresponding loans and title insurance policies – JPMorgan Chase Bank, N.A., v. First American Title Ins. Co., Case No. 12-2094; 13-1172 (6th Cir. June 9, 2014) (petition for panel rehearing and rehearing en banc)
  • CPL: claim for breach of CPL independent of claim under related title policy – JPMorgan Chase Bank, N.A., v. FDIC, No. 12-2094; 13-1172 (6th Cir. July 2, 2014) (amended opinion affirming judgment)
  • CPL: title insurer lacked standing to invoke court’s jurisdiction as to purchase and assumption agreement and challenge parties’ understanding of agreement – JPMorgan Chase Bank, N.A., v. FDIC, No. 12-2094; 13-1172 (6th Cir. July 2, 2014) (amended opinion affirming judgment)
  • CPL: where proceeds from sale of property and damages award do not exceed amount original lender transferred to title agent for transaction, insurer not subject to double liability – JPMorgan Chase Bank, N.A., v. FDIC, No. 12-2094; 13-1172 (6th Cir. July 2, 2014) (amended opinion affirming judgment)
  • CPL: claimant entitled to pre-complaint interest under Michigan law where damages are liquidated – JPMorgan Chase Bank, N.A., v. FDIC, No. 12-2094; 13-1172 (6th Cir. July 2, 2014) (amended opinion affirming judgment)
  • CPL: evidence of inconsistent position taken by claimant in pleadings in other cases regarding ownership of CPL submitted with Rule 60(b)(2) motion did not call into question claimant’s position that it owned the CPL in this case – JPMorgan Chase Bank, N.A., v. FDIC, No. 12-2094; 13-1172 (6th Cir. July 2, 2014) (amended opinion affirming judgment)