• Continuation of Coverage: policy continues to provide coverage to insured tenant who refuses to enter new lease after original insured lease is voided despite the fact that tenant no longer “retains an estate or interest in the land”Commonwealth Land Title Ins. Co. v. OMG Americas, Inc., Case No. 2:10-CV-1027 (D. Utah Oct. 12, 2012) (denying insurer’s motion for summary judgment and granting insured’s motion for summary judgment)
  • Condition 9(b): policy provision precluding liability until there has been a final determination of court does not preclude liability where insured voluntary settles and dismisses appealCommonwealth Land Title Ins. Co. v. OMG Americas, Inc., Case No. 2:10-CV-1027 (D. Utah Oct. 12, 2012) (denying insurer’s motion for summary judgment and granting insured’s motion for summary judgment)
  • Condition 9(c): insurer’s written acknowledgement of insured’s plan to settle claims showed insurer was aware of the plan and was sufficient constitute written consent such that insurer was precluded from denying coverage due to lack of written consent to settlement Commonwealth Land Title Ins. Co. v. OMG Americas, Inc., Case No. 2:10-CV-1027 (D. Utah Oct. 12, 2012) (denying insurer’s motion for summary judgment and granting insured’s motion for summary judgment)
  • Title Agent: where agent has personal knowledge of properly recorded and indexed mortgage and performs title search and fails to identify that mortgage in a title insurance commitment, agent fails to act with the care of a reasonably prudent title agent and it liable under agency agreement Mississippi Valley Title Ins. Co. v. Marion Bank and Trust Co., Case No. 11-0538 (N.D. Ala. Oct. 12, 2012) (denying agent’s motion for summary judgment and granting insurer’s motion for summary judgment)
  • Title Agent: attorney title agent who performs title searches and issues title insurance commitments and policies is in not engaged in the practice of law for purposes of shorter Alabama statute of limitations Mississippi Valley Title Ins. Co. v. Marion Bank and Trust Co., Case No. 11-0538 (N.D. Ala. Oct. 12, 2012) (denying agent’s motion for summary judgment and granting insurer’s motion for summary judgment)