• Attorney’s Fees: without a contractual or policy provision permitting recovery of attorney’s fees, an insured may not recover expenses incurred in bringing action against a title insurer to determine rights under a policyStein, LLC v. Lawyers Title Ins. Corp., Case No. 2011-02264 (N.Y. App. Nov. 7, 2012) (affirming dismissal of part of complaint seeking attorney’s fees)
  • Class Action: certification of class based on common questions relating to application of a mandatory rate and a rejected rate manual is not abuse of discretion Stewart Title Guaranty Co. v. Finney, Case No. 2011-CA-000499 (Ky. App. Nov. 2, 2012) (affirming certification of class)
  • Third-Party Liability: a title insurer hired to provide policy purchaser is not, absent evidence of fraud, collusion, or other special circumstances, subject to suit for negligent performance of closing by part owner of the property claiming to have been defrauded Shau Chung Hu v. Lowbet Realty Corp., Case No. 22533/11 (N.Y. Sup. Nov. 2. 2012) (denying petition to add title insurer)
  • Malpractice: lender stated cause of action of legal malpractice against law firm affiliated with title insurer and retained to defend lender’s insured interest based on alleged conspiracy to delay coverage determination Regions Bank v. KEL Title Ins. Group, Inc., Case No. 3:12cv118 (N.D. Fla. Nov. 1. 2012)
  • Contract: a policy does not necessarily fail for lack of consideration when the insurer does not receive the premium and there is other consideration applicable FDIC v. Commonwealth Land Title Ins. Co., Case No. 1:02CV2390 (N.D. Ohio Sept. 30, 2012) (order granting summary judgment)
  • Contract: a duty may be imputed to the insurer to notify the insured of that it did not receive a premium and insurer may be estopped from denying existence of policy where it issues a “happy foreclosure letter” to the insured instead FDIC v. Commonwealth Land Title Ins. Co., Case No. 1:02CV2390 (N.D. Ohio Sept. 30, 2012) (order granting summary judgment)