• CPL: allegations of lack of access fail to state a claim under closing protection letter Wells Fargo Bank, N.A.v. MLD Mortgage, Inc., Case No. 12-227 (D. Minn. Dec. 11, 2012) (order granting motion to dismiss)
  • Class Action: borrower’s claims she was overcharged for closing fees and her lender’s title insurance was based on statute and not contract and did not fall within title insurance policy’s arbitration provisionHamilton v. Mortgage Information Services, Inc., Case No. COA12-584 (N.C. App. Dec. 18, 2012) (affirming order denying motion to stay and compel arbitration)
  • Rates: insurer’s independent agents had actual and apparent authority to act on insurer’s behalf for purposes of determining that insurer allowed its agents to charge excessive and discriminatory rates Robertson v. Ticor Title Ins. Co. of Florida, Case No. 49A02-1110-PL-971 (Ind. App. Dec. 19, 2012) (reversing trial court’s reversal of administrative order)
  • Agents: independent agent’s title issuing agreement is limited to issuing title insurance products and agent acts outside of the scope of its agency agreement by withholding mortgages from public record in furtherance of a fraud and victim of fraud fails to state acause of action against insurer based on its title agent’s fraudulent acts One West Bank, FSB v. Islam, Case No. 29577 (N.Y. Sup. Nov. 26, 2012) (granting motion to dismiss)
  • Third Party Beneficiary: condominium purchasers are not third party beneficiaries of developer’s title insurance policy and lacked standing to bring claims against insurer Hobaica v. Seypet Resorts, LLC, Case No. 11-702 (C.D. Cal. Dec. 17, 2012) (granting motion to dismiss)
  • Applicable Law: Mexican law does not apply to the interpretation of a policy issued in the U.S. to a U.S. corporation, even though the insured property is in Mexico Hobaica v. Seypet Resorts, LLC, Case No. 11-702 (C.D. Cal. Dec. 17, 2012) (granting motion to dismiss)