• Value of Insured Title: unsworn appraisal insufficient to establish value of title and extent of insurer’s liability – BX Third Ave. Partners, LLC v. Fidelity Nat’s Title Ins. Co., No. 10577 (N.Y.  Dec. 5, 2013) (summary judgment affirmed  in part reversed in part)
  • Declaratory Judgment: insurer’s claim for declaration as to coverage and claim for costs of defending foreclosure action subject to dismissal where insurer failed to submit evidence that it would not have issued title policy in question but for insured’s affidavit representing there were  no tenants on the premises  – BX Third Ave. Partners, LLC v. Fidelity Nat’l Title Ins. Co., No. 10577 (N.Y.  Dec. 5, 2013) (summary judgment affirmed  in part reversed in part)
  • Reservation of Rights: insurer’s claim for costs of defending foreclosure action subject to dismissal where insurer defended action without reservation of rights  – BX Third Ave. Partners, LLC v. Fidelity Nat’l Title Ins. Co., No. 10577 (N.Y.  Dec. 5, 2013) (summary judgment affirmed  in part reversed in part)
  • E&O Policy: agent’s answer “no” to question on insurance application whether aware of any circumstances that might give rise to professional liability false despite agent’s arguments that its admitted participation in mortgage fraud was a criminal act that would not give rise to professional liability – Zurich Am. Ins. Co. v. Diamond Title of Sarasota, Inc., No. 8:10-cv-383-T-30 (M.D. Fla. Dec. 4, 2013) (order granting motion for summary judgment rescinding policy)
  • E&O Policy: agent’s misrepresentation on application need not be intentional to void coverage – Zurich Am. Ins. Co. v. Diamond Title of Sarasota, Inc., No. 8:10-cv-383-T-30 (M.D. Fla. Dec. 4, 2013) (order granting motion for summary judgment and rescinding policy)
  • Escrow Agent: where escrow agent’s instructions did not evidence clear and unequivocal intention to indemnify escrow agent from its own negligence, escrow agent not entitled to recover fees expended in defending such an action – Fidelity Nat’l Title Ins. Co. v. Port Orchard First Ltd. P’ship, No. 43873-9 (Wash. App. Dec. 3, 2013) (affirming dismissal of claims)