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Case Law April - June 2010
In the second quarter of 2010, courts across the country produced hundreds of opinions impacting the title insurance and settlement services industries. Decisions with far-reaching implications were handed down on numerous antitrust, overcharge, fraud and AfBA suits. A significant number of title agencies and settlement services providers also came under legal attack – including cases questioning ‘produce the note’ defense, disputed coverage, reimbursement, failure to defend and failure to clear title.

The report is written and compiled by the editorial staff of The Legal Description, and covers all of the most noteworthy decisions from the second quarter of 2010.

This report includes 20 cases, including:

• Underwriter granted summary judgment on RESPA claim in overcharge suit;
• Appeals court certifies class in alleged title co., attorney agent kickback case;
• Property owner sues title co. for failure to defend;
• Reissue rate suit against VMC comes to a head; and
• 1st Circuit reverses portions of UPL decision; certifies questions
• Plus many more!

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