- Duty to Cure Title: insurer who investigates and then cures title through quiet title action in a prompt an reasonable manner does not breach title policy – Granelli v. Chicago Title Ins. Co., Case No. 10-2582 (D.N.J. Dec. 6, 2012) (granting defendant’s motion for summary judgment where insurer cured title 2 years after claim was made)
- Title Insurance: title insurance is not a guaranty that there are no defects in title; instead, policies protect against title defects not discoverable in the public records or resulting from errors or mistakes in the search or examination– Granelli v. Chicago Title Ins. Co., Case No. 10-2582 (D.N.J. Dec. 6, 2012) (granting defendant’s motion for summary judgment where insurer cured title 2 years after claim was made)
- Measure of Damages: policy provisions limit damages to the lesser of stated policy limits or diminution in value and insured is not entitled to lost profits or consequential damages beyond limits of policy – Mattson Ridge, LLC v. Clear Rock Title, LLP, Case No. A10-1483 (Minn. Dec. 12, 2012)
- Exclusion 3(a): insurer’s theories of alter-ego, continuation of entity, or imputed knowledge seeking to impose knowledge of its grantor on insured did not bring claim within “created, suffered, assumed, or agreed to” exclusion – CDJ Builders, LLC v. Fidelity Nat’l Title Ins., Case No. 12-10772 (S.D. Mich. Dec. 11, 2012) (granting plaintiff’s motion for summary judgment and denying defendant’s motion for summary judgment)
- Consequential Damages: absent showing that title insurer’s failure to pay claim was without a debatably valid reason, insured is not entitled to claim for consequential damages against title insurer even though its damages were foreseeable – Walsh Secs., Inc. v. Cristo Property Mgmt. Ltd., Case No. 97-3496 (D.N.J. Nov. 28, 2012) (denying motion for clarification)
- Class Action: the Supreme Court’s opinion in Wal-Mart requires each class member to have suffered the same injury and, in this case, commonality was no longer met as each class member presented unique facts as to what was presented in connection with their purchase of title insurance – Loef v. First Am. Title Ins. Co., Caws No. 2:08-cv-311 (D. Me. Dec. 10, 2012) (order decertifying class)
- Class Action: insurer does not have absolute duty to charge class members refinance rate and such determination requires transaction-specific inquiry – Loef v. First Am. Title Ins. Co., Caws No. 2:08-cv-311 (D. Me. Dec. 10, 2012) (order decertifying class)
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