Title Insurance Update: Week Ending January 18, 2019

Carlton Fields

Carlton Fields

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)

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.

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