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Missing signature leads to coverage dispute
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Court Report
Thursday, August 14, 2014
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An insured lender and its assignee filed suit against a title insurer and closing agent arising out of the existence of a defect in the insured deed of trust. The deed of trust was challenged by a third-party creditor because the deed of trust failed to include the mortgagor’s wife’s signature. The insurer and closing agent moved for summary judgment, arguing that fulfilled its contractual obligations by defending its insured’s rights. The Bonneville County District Court agreed. The case was appealed to the Supreme Court of Idaho, Boise.
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