Recoupment: title insurer who relies on a spouse’s forged signature on a deed in issuing title insurance policy is the real party in interest in action against the spouse who forged the signature – In re Welch, No. 12-00253 (E.D.N.C. Bankr. July 2, 2013) (order denying motion to dismiss)

Class Action: title insurer and its independent agents deemed an “enterprise” separate and distinct from title insurer for purposes of alleging a “person” distinct from the “enterprise” under RICO – Levine v. First American Title Ins. Co., Case No. 09-842 (E.D. Pa. Aug. 30, 2013)(order denying motion to dismiss), Schwartz v. Lawyers Title Ins. Co., Case No. 09-841 (E.D. Pa. Aug. 30, 2013) (order denying motion to dismiss), and Coleman v. Commonwealth Land Title Ins. Co., No. 09-679 (E.D. Pa. Aug. 30, 2013) (order denying motion to dismiss)

Rescission: title insurer is not entitled to rely on lender’s appraisal as a material representation in the issuance of title insurance – Stewart Title Insurance Co. v. Credit Suisse, No. 1:11-cv-227 (D. Idaho Aug. 29, 2013) (order granting partial summary judgment and leave to amend to add punitive damages)

Rescission: title insurer cannot rescind policy for lender’s failure to disclose facts of which it was aware at the time the policy was issued - Stewart Title Insurance Co. v. Credit Suisse, No. 1:11-cv-227 (D. Idaho Aug. 29, 2013) (order granting partial summary judgment and leave to amend to add punitive damages)

Exclusion 3: lender’s knowledge of facts that gave rise to claims of lien does not necessarily mean that lender played any part in creating the mechanic’s liens and will not serve to exclude a claim for those liens under 3(a) or 3(b) – Stewart Title Insurance Co. v. Credit Suisse, No. 1:11-cv-227 (D. Idaho Aug. 29, 2013) (order granting partial summary judgment and leave to amend to add punitive damages)

Exceptions: deed restrictions precluding use of property for certain business activities that are excepted from coverage do not give rise to coverage under a policy – First American Title Ins. Co. v. Hegedus, No. 10-99 (D. Del. Aug. 1, 2013) (order granting motion for summary judgment)