Bad Faith Claims against Title Insurance Companies are on the rise. Some succeed; these failed. See, e.g., Download Wilmington Plantation, LLC v. Fidelity Nat'l Title Ins. Co. (M.D. Tennessee, U.S.M.J. Report and Recco Filed Aug. 1, 2011) PUBLIC ACCESS, also published as 2011 WL 3293453 *2-*4 (M.D. Tenn. August 1, 2011 Report and Recommendation of United States Magistrate Judge; authorized password required to access Westlaw); Download Close, Jensen and Miller, P.C. v. Fidelity Nat'l Title Ins. Co. (Connecticut App. Ct. Opinion Filed July 12, 2011) PUBLIC ACCESS, also published as Close, Jensen & Miller, P.C. v. Fidelity National Title Insurance Co., 130 Conn. App. 174, 176, 180-84, 21 A.3d 952, 953-54, 956-58 (Conn. App. Ct. 2011)(affirming Summary Judgment on ground of res judicata in favor of Defendants Fidelity National Title Insurance Company and Commonwealth Land Title Insurance Company against some 7 Claims including asserted Claims for breach of Duty of Good Faith and Fair Dealing and Statutory Unfair Claim Settlement Practices; authorized password or subscription required).
Breach of Contract Claims seem to survive in general against Title Insurance Companies -- in which, of course, no relief by way of extracontractual Damages appears to be requested, as in Download Lower Town Project, LLC v. Lawyers Title Ins. Co. (E.D. Michigan Case No. 10.11615, Order Filed Aug. 1, 2011) PUBLIC ACCESS, also published as 2011 WL 3319710 *1, *6 (E.D. Mich. August 1, 2011)(authorized password required to access Westlaw).
The 22nd Annual Bad Faith Litigation Conference of the American Conference Institute is being held in 2011 in Orlando, Florida. The author will be speaking. As a result, the readers of this Blog are invited to a $200.00 discount if they choose to register for the Conference. The authorized Code from the ACI is ICI 200. Here is a link to the American Conference Institute Website Page which features this Conference including registration, if you or anyone you know would like to attend.
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