Chicago Title Insurance Co. v. Northland Insurance Co.

A dispute between a title insurer (Chicago Title) and its errors and omissions carrier (Northland) over the interpretation of a policy and its exclusions create the issue in this appeal. Chicago Title appeals an adverse summary judgment and argues that Northland waived its right to raise the policy exclusions as a defense to a garnishment action when it wrongly refused to defend its insured First Southern Title Company in an underlying action. We disagree and affirm.

The underlying litigation arose from an attorney’s misappropriation of monies in a real estate transaction for which First…