• Escrow Agent: title insurer acting as sub-escrow agent may be liable to owner of escrow funds but only if owner alleges that title insurer breached the written closing instructions or was aware of fraud that gave rise to a duty to disclose - Arei Colonnade 1, LLC v. Stewart Title Guaranty Co., Case No. A131734 (Cal. App. Feb. 21, 2013) (affirming judgment of dismissal); Wood River Capital Resources, LLC v. Stewart Title Guaranty Co., Case No. A131736 (Cal. App. Feb. 21, 2013) (affirming judgment of dismissal)
  • Recoupment: seller who fails to disclose existence of prior mortgage lien may be liable for fraudulent misrepresentation to title insurer despite seller’s allegations that title insurer should have known seller was lying in his affidavit and that title insurer should have picked up the prior lien in its search of the public recordsStewart Title Guaranty Co. v. Dude, Case No. 11-1374 (10th Cir. Feb. 26, 2013) (affirming judgment after trial)