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Sutherland Legal Alert - 10th Circuit Holds: No Violation of Antitrust Laws by Title Insurers Even If Insurers Conspired to Bribe New Mexico Superintendent of Insurance

By Phil Stano, Partner, Sutherland Asbill & Brennan LLP On April 26, 2011, the U.S. Court of Appeals for the Tenth Circuit affirmed, on the basis of the filed rate doctrine and other grounds, a lower court's decision to dismiss putative class claims asserted against Insurer Defendants[1]...

Title Insurance – New Appleman on Insurance Law Library Edition, Chapter 54

By Steven A. Freeman, Stephen V. Masterson, Philip M. Midgen, and Ann E. Miller, Attorneys, Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP This chapter addresses the unique elements of title insurance, the scope of coverage under title policies ( see Sections 54.01 through 54.07), the loss...

“Slam Dunk” Liability Defense Does Not Abrogate Duty to Defend

By Jill Berkeley, Partner, Neal, Gerber & Eisenberg LLP In Home Federal Savings Bank v. Ticor Title Insurance Company , No. 1:10-cv-0999 (Sept. 6, 2012), the Seventh Circuit held that the title insurer owed the policyholder mortgage company a defense against a mechanic's lien complaint seeking...

Title Insurer Underwriter Not Liable for Agent's Negligence Title Search

By Robert A. Scott Title insurance companies can enforce exculpatory provisions in title insurance policies that exclude liability for tort claims based on a negligent title search performed by an agent, Maryland's highest court has ruled. In 100 Investment LP v. Columbia Town Title , decided...

Massachusetts Rejects “In For One, In for All” Theory in Title Insurance Coverage

By Richard D. Vetstein, ESQ One little mistake in drafting and recording legal documents during a refinance can result in a huge problem for a lender - such as the lender having no legal ability to enforce the mortgage! (A slight problem..) GMAC Mortgage learned this the hard way at the Supreme Judicial...