Legal Opinion
Fidelity National Title Insurance v. Bank
District Court, S.D. New York
Decided July 10, 2012No. 11 Civ. 4497(MGC)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
CEDARBAUM, District Judge.
In 2010, at two New York mortgage refinancings, the settlement agent misappropriated closing funds wired to her by Cole Taylor Bank (“Cole Taylor”). Fidelity National Title Insurance Company (“Fidelity”) sues for a declaratory judgment that title insurance policies were never issued in connection with the two mortgage refinancings, and that it owes Cole Taylor no obligations arising from these closings. Cole Taylor counterclaims that Fidelity breached its contracts, that Fidelity is estopped from denying coverage, and that Fidelity’s denial of insurance…
2Cases cited6 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Hallock v. StateNew York Court of Appeals · 1984
- Property Advisory Group, Inc. v. BevonaDistrict Court, S.D. New York · 1989
- Fidelity National Title Insurance Co. v. MussmanIndiana Court of Appeals · 2010
- Fidelity National Title Insurance v. Consumer Home Mortgage, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by3 opinions
- Reach Music Publishing, Inc. v. Warner Chappell Music, Inc.District Court, S.D. New York · 2013
- Genesis Fin., Inc. v. Commonwealth Land Tit. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2025
- Mazel v. Las Cruces Abstract and Title CompanyUnited States Bankruptcy Court, D. New Mexico · 2020