Court Report

A company sued a title insurer, alleging that it breached a title policy by failing to indemnify the company in a related action concerning a land dispute. The insurer had denied coverage, arguing that the company was not an insured under the policy. The parties eventually filed cross motions for summary judgment.

A title company and its errors and omissions insurer dispute a duty to defend the title company in a putative class action in state court. The insurer filed suit against the title company, seeking a declaration it did not owe a duty to defend the title company in the class action suit.

In a case stemming from the failure of a mixed-use real estate development project because of an overlooked beneficiary of a recorded access easement, the property owner and its investors filed suit against, among others, the title insurer. They alleged claims of contribution and indemnity, which had been assigned to them by the closing attorneys to the transaction.

A man loaned friends $100,000 as a down payment to purchase their ranch in Big Horn County, Wyo., with the understanding he would get a lien on the property, but without a written record of that fact. When the couple defaulted and the mortgagee foreclosed, the man filed suit against the bank, arguing his loan had priority over the mortgage and that the lender had notice of his lien.

A federal court in California dismissed a cybersecurity lawsuit a pension fund filed against a title insurer that had reached a settlement with the U.S. Securities and Exchange Commission regarding the cybersecurity incident.

After the heirs of property owners in Montana discovered there was no legal access to the subject property, they filed a claim with the title insurer. The insurer denied the claim, arguing that because the property owners had transferred their interests in the property to irrevocable trusts, the property was no longer covered by the policy. The heirs filed suit.

A title insurer filed a motion for a federal court to reconsider part of its order finding it was not entitled to summary judgment in the case the holder of a title policy holder filed against the insurer seeking the $10 million policy limit. The policy holder had lost title and interests in the property after the title insurer denied coverage.

A real estate agent and her agency filed suit against their insurer, challenging its denial of defense in a suit against the agency after their clients were the victims of wire fraud.

Several LLCs formed to purchase investment rental property sued the title company that conducted the transactions, claiming the company aided and abetted fraud by failing to prevent the company managing the transactions false statements and misappropriation of funds.

In a decade long foreclosure action, the purchaser of the property at a homeowners association foreclosure sale argued the bank that held the superior lien on the property had no standing to foreclose. The case was bounced between Florida trial and appellate courts.