• Economic Loss Rule: a title search is an integral part of a title insurance policy and, as a result, a negligence claim arising out of a title insurance agent’s failure to disclose a title defect is barred by the economic loss ruleZiemniak v. Goede & Adamczyk, PLLC, Case No.11-62286 (S.D. Fla. Nov. 19, 2012) (order granting motion to dismiss)
  • Motion to Dismiss: court declined to dismiss negligence claim on the basis of economic loss rule where defendant insurer disclaimed the validity of the policy Sher v. Luxury Mortgage Corp., Case No. 11-3656 (D. Md. Nov. 19, 2012) (denying motions to dismiss cross claim and third party claim)
  • Motion to Dismiss: court declined to dismiss title insurance claim on the basis that lender was not the “insured” under the policy because lender alleged it might be required to repurchase the mortgage loan and thus again become the owner of the indebtedness and an insured under the policy Sher v. Luxury Mortgage Corp., Case No. 11-3656 (D. Md. Nov. 19, 2012) (denying motions to dismiss cross claim and third party claim)