Real Property, Financial Services, & Title Insurance Update: Week Ending August 28, 2020

Carlton Fields

Carlton Fields

Real Property Update

No cases of interest this week.

Financial Services Update

  • TCPA / Standing & Remand: defendant failed to establish plaintiff's standing where plaintiff received a single unsolicited text message from defendant - Jenkins v. Simply Healthcare Plans, Inc., No. 20-22677-CIV-ALTONAGA/Goodman (S.D. Fla. Aug. 17, 2020) (granting plaintiff's motion to remand)
  • ECOA / Sufficiency of Pleading: plaintiff failed to demonstrate that he was a member of a protected class, that he was qualified for credit, and that he was denied credit despite being qualified - Cleveland v. Dep't of Agric., No. 1:20-cv-01140-NONE-JLT, 2020 WL 5017607 (E.D. Cal. Aug. 25, 2020) (granting motion to dismiss without prejudice)

Title Insurance Update

  • Election of Remedies / Settlement with Title Insurer: the doctrine of election of remedies does not preclude an insured who settles a claim with its title insurer for a nominal amount from making an equitable claim that third party had encroached on her property - Leonard v. Pantich, No. A-5645-18TI (N.J. Ct. App. Aug. 27, 2020) (opinion affirming trial court's judgment after non-jury trial)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields

Carlton Fields on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.