The Falmouth National Bank v. Ticor Title Insurance Company

CAFFREY, Senior District Judge.

This is an appeal of an order of the United States District Court for the Do- trict of Massachusetts 1 dismissing the plaintiffs, The Falmouth National Bank (“Bank”), complaint without prejudice for failure to state a claim. The Bank brought this diversity action against the defendant, Ticor Title Insurance Company (“Ticor”), to recover for Ticor's failure to pay a loss sustained by the Bank as an insured under a mortgagee’s title insurance policy. The alleged loss resulted from an adverse decision by the Massachusetts Supreme Judicial Court in the case of…