News & Analysis as of September 18, 2024

Mortgages › Denial of Insurance Coverage

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Title (Coverage) Not Available

Cadwalader, Wickersham & Taft LLP on 2/1/2023

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Still Crazy After All These Years: Recent Developments on the Standard Mortgage Clause

Cozen O'Connor on 1/11/2018

A not uncommon scenario: after examining the charred debris of a property fire, investigators note that the building’s alarm failed to sound and automatic sprinkler system similarly failed to activate because neither had been...more

Real Property & Title Insurance Update: Week Ending July 15, 2016

Carlton Fields on 7/21/2016

REAL PROPERTY UPDATE - Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more

Minnesota Harmonizes the Mortgage Clause and the Vacancy Clause

Cozen O'Connor on 11/2/2015

Lat week, Minnesota’s highest court unanimously held that a mortgagee’s recovery for vandalism damage to a vacant building is only barred by the vacancy clause if the insured’s acts caused the vacancy. The decision is ...more

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Mortgages › Denial of Insurance Coverage

Title (Coverage) Not Available

Still Crazy After All These Years: Recent Developments on the Standard Mortgage Clause

Real Property & Title Insurance Update: Week Ending July 15, 2016

Minnesota Harmonizes the Mortgage Clause and the Vacancy Clause

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