Marc W. Brown, Author at The Insurance & Reinsurance Report

November 19, 2014 Emerging Issues

You Get What You Pay For: Title Insurers Need Only Defend Claims Explicitly Covered in Policy

On November 13, the Seventh Circuit Court of Appeals decided in a case of first impression that the “complete defense” rule does not apply to title insurers and overturned the Northern District of Illinois’s ruling in Philadelphia Indemnity Ins. Co. v. Chicago Title Ins. Co. that defendant Chicago Title could not limit the defense of its insured to claims that might arise under the subject title insurance policy.

In 2007, Western Capital Partners, LLC, a high-risk real estate lender, moved to foreclose on mortgaged commercial …

June 7, 2013 Policy Conditions, Considerations, Construction, and Formation

Dismissal of Class Action Against Title Insurer Upheld; Duty Alleged By Appellants’ Have No Support in Florida Law

Bleich et al. v. Chicago Title Insurance Co.,
Third District Court of Appeal, Florida; Case number 3D12-1261
Plaintiffs Arthur Bleich and Gloris Elder (plaintiffs) appealed an award of summary judgment in favor of the defendant, Chicago Title Insurance Company (Chicago Title), dismissing the underlying class action lawsuit against Chicago Title for claims of overcharging for title insurance. The lower court granted summary judgment on the basis that Florida law did not require Chicago Title to search for homeowners’ prior insurance policies to see if they …