Shaheen v. American Title Insurance

I dissent from that portion of the majority opinion which holds that the evidence established, sufficient to affirm the summary judgment, that the escrow agent had “implied authority” to disburse funds. As to the other issues, I concur with the majority.

The majority opinion makes new escrow law in Arizona. It approves the action of *509an escrow agent who paid $50,000 out of escrow when the escrow instructions did not expressly authorize such payment. The majority affirm the summary judgment and approve of the payment on the basis of “implied instruction” and “implied authority” described by the…