Fifth Circuit hears appeal of dismissed title insurer breach of contract case

The successor-in-interest to a loan servicer sued a title insurer for breach of contract for denying a claim to recover the value of loss under the title insurance policy. The U.S. District Court for the Western District of Texas denied the parties’ cross motions for summary judgment and dismissed the case for failure to join a required party. The parties appealed to the Fifth U.S. Circuit Court of Appeals.