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Riker Danzig LLP | USA | 29 Nov 2018
New York Supreme Court Holds Recorded Declaration on Property Was a Government Regulation Excluded from Coverage Under Title Policy
The Supreme Court of New York, Suffolk County, recently granted a title insurance company’s motion for summary judgment and held that a declaration…
Santamarina y Steta SC | Mexico | 2 Nov 2018
Title insurance and indigenous rights
Procuring title insurance has become common practice in real estate transactions for both lenders and owners. As title insurance is a type of indemnity insurance which covers financial loss from title defects, it protects policyholders from past events which could affect the property's transfer. However, certain aspects of real estate development which are unique to Mexico must be taken into......
Riker Danzig LLP | USA | 25 Sep 2018
Pennsylvania Federal Court Holds Title Insurance Company Did Not Have Duty to Defend Border Wall Claim
The United States District Court for the Eastern District of Pennsylvania recently held that a title insurance company did not breach its policy when…
Riker Danzig LLP | USA | 17 Sep 2018
Third Circuit Holds That Title Companies Are Only Obligated to Defend Covered Claims Under Pennsylvania Law
In a precedential opinion issued on September 10, 2018, the United States Court of Appeals for the Third Circuit reversed the District Court and held…
Riker Danzig LLP | USA | 14 Aug 2018
Indiana Appellate Court Holds Title Insurance Company Not Liable For Negligent Misrepresentation
The Indiana Court of Appeals recently held that an insured's negligent misrepresentation claim against a title insurance company was properly…
Morrison & Foerster LLP | USA | 16 Jul 2018
Round 2 for the Title Insurance Industry, But the Fight Is Far from Over
In February of this year, strict new regulations, promulgated by the New York Department of Financial Services (DFS), went into effect, banning title…
Baker & Hostetler LLP | USA | 29 Jun 2018
Ground Leases: Some Basics, Some Specifics and How to Make Them Financeable
Ground leases are fairly common but sometimes overlooked property interests. A succinct but adequate definition of a ground lease was articulated by…
Riker Danzig LLP | USA | 19 Jun 2018
Texas Federal Court Denies Motion for Remand on Title Insurance Dispute
The United States District Court for the Northern District of Texas recently held that it had diversity jurisdiction over an action regarding the…
Riker Danzig LLP | USA | 17 May 2018
New York Appellate Court Dismisses Claim Against Title Agent Based on Title Policy’s Merger Clause
New York’s Appellate Division recently affirmed a lower court’s dismissal of an insured’s claim against a title agent because, among other things, the…
Riker Danzig LLP | USA | 8 May 2018
Utah Appellate Court Holds Use Restrictions Did Not Render Title Unmarketable, but Reduction in Lot Size Would Be Covered Under Title Insurance Policy
A Utah appellate court recently held that use restrictions on an insured property did not render it unmarketable under the title insurance policy, but…
