Title Insurance Update

• Bad Faith: granting title insurer summary judgment and holding that bad faith claim under Alabama law requires a contract claim so strong that a prejudgment verdict would be required on it - Fidelity Nat'l Title Ins. Co. v. Wooden, No. 5:16-cv-00844-AK (N.D. Ala. Jan. 11, 2019) (granting in part motions for summary judgment)
• Zoning Exclusion: summary judgment to title insurer because regulation limited number of houses that could be built on a golf course was zoning regulation rather than title defect - JBGR LLC, v. Chicago Title Ins. Co., No. 35140-11 (N.Y. Sup. Ct. Suffolk Cty. Nov. 13, 2018) (granting summary judgment)
• Regulation of Title Insurers: upholding DFS regulation prohibiting most forms of marketing that title insurers had been offering to attorneys and other potential referral sources - In re New York State Land Title Assoc., No. 7491 (N.Y. App. 1st Dept. Jan. 15, 2019) (affirming in part and reversing in part)