• Closing Agent: FDIC-R has standing to bring claims against closing agent, having retained those claims pursuant to section 3.5 of its purchase and assumption agreement – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. Sept. 17, 2013) (order denying defendant’s motion for summary judgment)
  • Closing Agent: allegation that closing agent prepared inaccurate HUD-1 as to borrower’s deposit and that lender would not have closed transaction had it know of inaccuracy sufficient to survive summary judgment on breach of contract – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. Sept. 17, 2013) (order denying defendant’s motion for summary judgment)
  • Closing Agent: allegation that closing agent failed to disclose non-arm’s-length nature of transaction sufficient to survive summary judgment on breach of fiduciary duty – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. Sept. 17, 2013) (order denying defendant’s motion for summary judgment)
  • Closing Agent: closing agent who fails to present evidence that lender could have discovered non-arm’s length nature of transaction not entitled to summary judgment on negligent misrepresentation claim – FDIC-R v. Floridian Title Group, Inc., No. 12-21890 (S.D. Fla. Sept. 17, 2013) (order denying defendant’s motion for summary judgment)
  • Conspiracy: there is no cause of action for conspiracy to breach a title insurance policy – Merritt v. Mozilo, No. 037414 (Cal. App. Sept. 13, 2013) (affirming judgment)
  • Exceptions: insurer not liable to borrowers under owner’s policy for recording MERS deed of trust signed by borrowers where deed of trust excepted in Schedule B – Merritt v. Mozilo, No. 037414 (Cal. App. Sept. 13, 2013) (affirming judgment)
  • Exclusions: exclusion for governmental regulations precluded cause of action for breach of title insurance policy based on Master Plan (zoning) – Sonnett v. First Am. Title Ins. Co., No. 12-0237 (Wyo. Sept. 13, 2013) (affirming summary judgment)
  • Negligence: title insurer does not have tort duty to search and disclose any reasonably discoverable defects and encumbrances of title unless that duty is contained in title insurance contract – Sonnett v. First Am. Title Ins. Co., No. 12-0237 (Wyo. Sept. 13, 2013) (affirming summary judgment)
  • Breach of Policy: cause of action for breach of policy cannot be plausible where insured has yet to suffer a covered loss and damages are speculative – Bank of Am. v. Martin, Case No. 12-cv-544 (M.D. Pa. Sept. 12, 2013) (affirming motion to dismiss without prejudice) [opinion not publicly available]
  • Slander of Title: under Florida law, lender with mortgage on property not in title to property and lacks standing to bring action for slander of title – Kahama VI v. HJH, No. 8:11-cv-2029 (M.D. Fla. Sept. 12, 2013) (granting motion to dismiss)
  • Fiduciary Duty: under Florida law there is no fiduciary relationship between insurer and insured – Kahama VI v. HJH, No. 8:11-cv-2029 (M.D. Fla. Sept. 12, 2013) (granting motion to dismiss)