Title Disputes

Mass. Appeals Court Upholds Joint Tenancy Reformation Based on Parties’ Intent

Introduction The Appeals Court of Massachusetts recently affirmed a summary judgment decision in favor of a property...

Court Grants Motion to Dismiss Coverage Suit, Questioning What Plaintiff Knew and When She Knew it

Introduction In this case, the United States District Court for the Central District in California considered how...

Georgia Appellate Court Addresses Notice Provided by Unsigned Security Deed

Introduction In a thorough and detailed opinion, the Court of Appeals of Georgia, Second Division, held that...

Connecticut Appeals Court Affirms Title Insurer Had No Duty to Defend

On March 21, 2023, the Connecticut Appeals Court (“the Court”) issued its opinion in the matter of...

Escrow Agent’s Theft of Premium Payment Insufficient to Compel Provision of Title Coverage

On April 25, 2023, the United States District Court for the Western District of Washington (“the Court”)...

Illinois Holds Title Insurance Claims Exempt From Complete Defense Rule

In Findlay v. Chicago Title Ins. Co., 2022 IL App (1st) 210889 (2022), the Appellate Court of...

NY Court Holds Landmark Designation Triggers 1(A) Exclusion and Cannot Constitute Title Defect

In Fawn Second Ave., LLC v. First American Title Insurance, LEXIS 122021 (S.D.N.Y. July 11, 2022), the...

New York Court Reaffirms Basic 3(a) and 3(d) Exclusion Principles and That Issuance of Title Policy Does Not Create Fiduciary Duty

In Murphy v. Commonwealth Land Title Ins. Co., No. 20-CV-2793, LEXIS 144866 (E.D.N.Y. Aug. 12, 2022), the...

Arkansas Court of Appeals Holds Insured’s Negligent Recording of Its Mortgage Can Trigger 3(a) Exclusion to Preclude Coverage

In the recently-decided matter of First National Bank of Izard County v. Old Republic National Title Insurance Company,...

Federal Court Affirms No General Duty for Title Insurers to Search For and Disclose Title Defects Unless Preparing Abstract of Title

In Mansur Properties, LLC v. First American Title Insurance Company, 2022 US Dist. LEXIS 190201 (WD Wash...

Wisconsin Court of Appeals Finds for Title Insurer Despite Late Policy Issuance

The Court of Appeals of Wisconsin, District Three recently upheld a summary judgment finding for title insurer...

Florida Federal Court Holds Exclusion 3(a) Bars Coverage Under Title Policy

The United States District Court for the Northern District of Florida recently held that a property owner...