The Title Reporter — Summer 2021

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution.
• An appellate court in New York has affirmed a decision dismissing a plaintiff’s action to quiet title.
• A New Jersey appellate court has affirmed a decision subrogating an earlier recorded mortgage to a later recorded mortgage.
• An appellate court in Arizona has affirmed a trial court’s decision in favor of a title agency and a title insurer, rejecting, among other things, a property owner’s “marketability” claim.
• A title insurer need not defend an “adverse possession” claim, according to a New York appellate court.
• The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court’s decision in favor of a title insurer that title insurance policies it issued did not cover a claim for liens asserted against the insured.

Michael J. Heller, Peter P. McNamara, and Matthew V. Spero