INSURANCE: TITLE INSURANCE: RESERVATION OF RIGHTS TO REIMBURSEMENT OF ATTORNEY’S FEES AND COSTS IF COVERAGE DOES NOT EXIST; CIVIL PROCEDURE: SANCTIONS: ATTORNEY’S FEES: SECTION 57.105, FLORIDA STATUTES: ALTHOUGH COMPETENT, SUBSTANTIAL EVIDENCE SUPPORTED TRIAL COURT’S AWARD OF FEES AS A SANCTION UNDER SECTION 57.105, FLORIDA STATUTES, THE ORDER WAS TECHNICALLY DEFICIENT BECAUSE IT DID NOT INCLUDE A SPECIFIC FINDING OF A COMPLETE ABSENCE OF A JUSTICIABLE ISSUE: REMAND FOR REQUISITE FINDINGS

Case Decision Date: Reviewed by

Palm Beach Polo Holdings, Inc. v. Stewart Title Guaranty Company, ___ So. 3d ___, 39 Fla. L. Weekly D140 (Fla. 4th DCA January 8, 2014)

This is a companion case to Palm Beach Polo Holdings, Inc. v. Stewart Title Guaranty Company, ___ So. 3d ___, 39 Fla. L. Weekly D139 (Fla. 4th DCA January 8, 2014)

The insured … Click To Read Full Case Law Review...

INSURANCE: TITLE INSURANCE: ABANDONED CEMETERY

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Village Carver Phase I, LLC v. Fidelity National Title Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D2078 (Fla. 3d DCA October 2, 2013)

The developer of a housing project made a claim under its title insurance policy when it discovered an abandoned cemetery during construction.  The insurance company denied coverage, and the insured filed a lawsuit, which … Click To Read Full Case Law Review...

INSURANCE: TITLE INSURANCE: REDUCED REISSUE RATES; CIVIL PROCEDURE: CLASS ACTION: SUMMARY JUDGMENT

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Bleich v. Chicago Title Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly D1231 (Fla. 3d DCA June 5, 2013)

The appellate court affirmed summary judgment for the insurer in a class action lawsuit alleging that it systematically “overcharge[d] for title insurance in mortgage refinance transactions.”  Title insurance premiums are governed by the Florida Financial Services Commission.  A reduced … Click To Read Full Case Law Review...

INSURANCE: TITLE INSURANCE: FUNDS RECEIVED BY TITLE INSURANCE AGENT IN LIMITED CAPACITY AS ESCROW AGENT

Case Decision Date: Reviewed by

Cohen v. Chicago Title Insurance Co., ___ So. 3d ___, 36 Fla. L. Weekly D58 (Fla. 3d DCA 12/29/10)

Although the insured was a licensed title insurance agent, it received the buyer’s deposit funds in its limited capacity as an escrow agent, rather than a title-issuing or closing agent. As a result, the funds received were not trust funds under … Click To Read Full Case Law Review...

Title Insurance

Case Decision Date: Reviewed by

Nourachi v. First American Title Insurance Company, ___ So. 3d  ___, 35 Fla. L. Weekly D1762 (Fla. 5th DCA 8/6/10)

The insured purchased land from the county at a tax sale.  After the sale, the insured discovered that the United States, rather than the county, owned the land.  The insured applied for title insurance.  The insured failed to disclose … Click To Read Full Case Law Review...