• Duty to Defend: policy does not insure against any future litigation in connection with the property and the insured’s failure to pay it mortgage does not trigger coverage and does not give rise to a duty to defend or indemnify Weinhold v. Chicago Title Ins. Co., Case No. 11-P-1669 (Mass. App. March 4, 2013) (affirming judgment on the pleadings)
  • Escrow Agent: unless plead in the alternative, breach of fiduciary duty and negligence claims are duplicative FDIC v. Chicago Title Ins. Co., Case No. 12-5198 (N.D. Ill. March 4, 2013) (partially granting motion to dismiss)
  • Escrow Agent: claim for negligent supervision must allege employer knew of employee’s unfitness FDIC v. Chicago Title Ins. Co., Case No. 12-5198 (N.D. Ill. March 4, 2013) (partially granting motion to dismiss)
  • Class Action: guarantor of loans insured by title insurance policies and putative class action plaintiff claiming that limitation of liability provision in the ATLA policy is unfair and deceptive lacks standing because his injury was caused by the borrower’s inability to pay the loans and not the alleged antitrust violation Klein v. American Land Title Ass'n, Case No. 12-1061 (D.D.C. March 1, 2013) (granting motion to dismiss)
  • Recoupment: title insurer’s claim on claims-made-and-reported professional liability policy may not proceed if it is made outside of the policy’s claim reporting periodFirst American Title Ins. Co. v. Continental Cas. Co., Case No. 12-30336 (5th Cir. Feb. 28, 2013) (affirming summary judgment)
  • Scope of Coverage: there is no continuing coverage where insured quitclaims property and gives no title warranties Fidelity National Title Ins. Co. v. Ruggiri, Case No. CV106004033 (Super. Conn. Feb. 4, 2013) (granting motion for summary judgment) (unpublished opinion) [Note: Copy of Opinion Not Publicly Available]
  • Class Action: individualized issues predominated as to proposed class members’ justifiable reliance on title insurance premium listed on HUD-1 settlement statements in putative class action alleging title insurer violated Pennsylvania Unfair Trade Practices and Consumer Protection Law by overcharging for title insurance in connection with mortgage refinancing transactions Cohen v. Chicago Title Ins. Co., No. 06-873 (E.D. Penn. Mar. 7, 2013) (decertifying class and denying summary judgment for plaintiff).