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December 6, 2018

Check Out Key Cases Analyzed in Title Insurance Law Newsletter

Now that 2018 is in the books, it’s time to reflect on what’s happened this year. If you’re not a subscriber of the Title Insurance Law Newsletter (TILN), here are some of the case law summaries you’re missing out on:

Third Circuit Rejects In-For-All Rule in Pennsylvania Case
The Third Circuit Court of Appeals has predicted that the Pennsylvania Supreme Court would enforce only the ALTA policy's provision requiring defense of covered counts and would not impose a public policy to override that policy term.

Title Transfer and Mortgages Voided Based on Off-Record Nominee Agreement
A man who conveyed his properties to another man as part of a plan to convince his lender to accept a discounted payoff has nonetheless been declared to be the true owner of the properties, voiding a subsequent sale and loan.

Lien Subordination Dispute Creates Duty to Defend
A title insurer that insured a deed of trust as having priority over an existing deed of trust based on a subordination agreement had a duty to defend the insured when the subordinating lender asserted that the insured had violated the subordination agreement.

Time to Sue Insurer Begins When Court Order Voids Insured Interest
In Utah, the statute of limitations for an insured to sue for a title loss begins when the court rules that the insured deed of trust is void, despite the fact that the insured had been a defendant in that litigation for five years without having given notice to the insurer.

Sewer Pipe Does Not Invoke Homeowner’s Policy Coverage
The existence of a sewer pipe on the insured parcel did not invoke Covered Risk 24 of the ALTA Homeowner's policy, which protects against damage to an existing structure due to the exercise of a right to maintain an easement even if the easement is excepted in Schedule B.

These are the types of informative, quality articles you will receive when you subscribe to TILN. Since 1992, TILN has been the authoritative monthly source for legal developments in the land title industry. Curated especially for title agents, approved attorneys, underwriters, claim administrators and attorneys who practice in title insurance defense work or conveyancing disputes, the newsletter reports on cases addressing:

  • title insurance coverage
  • class actions and regulatory enforcement
  • escrow and closing duties
  • agent/underwriter disputes
  • conveyancing law
  • RESPA and TILA compliance and violations

Don’t be left out in the cold next year – subscribe to TILN today!

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