Legal Opinion
New Jersey Lawyers' Fund for Client Protection v. Stewart Title Guaranty Co.
Supreme Court of New Jersey
Decided August 2, 2010No. A-44 September Term 2009PublishedCited by 28 opinions
1Opinion of the Court
Justice WALLACE, JR.,
delivered the opinion of the Court.
In this case, we must determine whether the title insurance company in a real estate transaction is responsible for an attorney’s theft of his clients’ funds from the attorney’s trust account. After the unauthorized removal of the clients’ funds, the attorney ordered title insurance and the real estate closing took place. The checks written from the attorney’s trust account to cover the costs related to the closing were dishonored. The title company refused to honor the clients’ claim, and the clients were forced to pay the deficiency.…
2Cases cited5 opinions
- Sears Mortgage Corp. v. RoseSupreme Court of New Jersey · 1993
- Carlson v. HannahSupreme Court of New Jersey · 1951
- Shotmeyer v. New Jersey Realty Title InsuranceSupreme Court of New Jersey · 2008
- In Re PizziSupreme Court of New Jersey · 2004
- Nj Lawyers'fund v. Stewart TitleNew Jersey Superior Court Appellate Division · 2009
3Cited by28 opinions
- Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School (073873)Supreme Court of New Jersey · 2015
- Amb Property, Lp v. Penn AmericaNew Jersey Superior Court Appellate Division · 2011
- In re New Century TRS Holdings, Inc.United States Bankruptcy Court, D. Delaware · 2013
- Princeton South Investors, LLC v. First American Title Insurance Insurance CompanyNew Jersey Superior Court Appellate Division · 2014
- Walsh Securities, Inc. v. Cristo Property Management, Ltd.District Court, D. New Jersey · 2012
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