Homeowners seek defense of easement dispute
After being unsuccessful in filing a quiet title action against the adjoining property owners over an easement dispute, the plaintiff homeowners submitted a claim for defense to their title insurer. The title insurer denied the claim, asserting the suit was excluded from coverage. The homeowners then sued the title insurer for breach of duty. The case eventually went before the Supreme Court of Nebraska.
Homeowners accuse title insurer of violating RESPA with delivery companies
California homeowners sued their title insurer for violating RESPA when it received marketing fees from several delivery companies in exchange for referring overnight delivery business to the carriers via the insurer’s subsidiaries. The case went before the U.S. District Court on the title insurer’s motion to dismiss.
Fraud schemes to look out for in 2014
Industry News, The Blotter
Fraudsters continue to stay one step ahead of the rest of us, coming up with new schemes just as old schemes are being figured out. It’s important to stay as up-to-date on the prevailing schemes of the day as possible so you — and your customers — don’t become the victims of these frauds.
During the American Land Title Association’s Business Strategies Conference, Gary Bernier, vice president, underwriting counsel and agency services manager for New Hampshire and Maine, shared his insight into the latest schemes.
Insurer seeks dismissal of coverage dispute over air rights filing
A property owner purchased a fee interest in property in Brooklyn and air rights to contiguous property. It applied for a construction permit, but was denied because its certification of interested parties omitted certain necessary parties. It sued its title insurer for failing to submit the certification of interested parties on time.
Insurer says exclusion bars coverage of title dispute
A professional liability insurer sued its insureds — two closing attorneys — seeking a declaratory judgment that a prior acts exclusion barred coverage of a lawsuit over their alleged failure to identify title errors with respect to a planned residential development. The U.S. District Court for the Northern District of Georgia granted judgment on the pleadings to the professional liability insurer. The insureds appealed.
New York agent licensing expected to become a reality
Insurance professionals providing title policies in New York will soon join 47 other states requiring a license under a provision contained in the state’s 2014-15 budget expected to be approved at the state capitol this week. The New York State Land Title Association has advocated for the licensing of title insurance agents for more than 10 years. During that time it has had been working with members of the legislature to address the issue. In recent months, Gov. Andrew Cuomo and Department of Financial Services Superintendent Benjamin Lawsky have been focused on enacting licensing provisions as part of the state budget process.