No Estopping E&O Insurer's Coverage Defenses


In Tudor Ins. Co. v. Associated Land Title, LLC, 2011 WL 901993 (E.D. Mich. March 15, 2011), the U.S. District Court for the Eastern District of Michigan held that the doctrines of waiver and estoppel did not preclude an errors & omissions insurer from seeking summary judgment on its coverage defenses because such doctrines cannot be used to broaden the scope of insurance coverage available.

Tudor Insurance Company issued a professional liability insurance policy to Associated Land Title, LLC (ALT). ALT, as an agent of Fidelity National Title Insurance Company, provided title insurance as well as closing and escrow services on real estate transactions. Following the issuance of the policy, Tudor discovered that Fidelity National had asserted claims against ALT for alleged errors and omissions in the handling of real estate transactions prior to the effective date of the policy. Tudor filed a declaratory judgment against ALT to rescind the policy, and later added Fidelity National as a result of its underlying claims against ALT.

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