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Must insurer defend against affirmative defenses?
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Court Report
Tuesday, December 15, 2015
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The holder of a promissory note sought defense by its title insurer against affirmative defenses brought by its mortgagor in a foreclosure action. The title insurer agreed to defend two of the affirmative defenses, but not the other 19. The promissory note holder then filed suit against the title insurer, bringing claims for breach of contract and breach of the implied duty of good faith and fair dealing. Read on to find out the court’s decision on the parties’ motions for summary judgment.
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