Lawyers Title Ins. Corp. v. Norwest Corp.

SENIOR JUSTICE WHITING,

with whom JUSTICE HASSELL and JUSTICE KINSER join, dissenting.

I respectfully dissent for the following reasons.

In concluding that the TOP program is not insurance because the respective risks of defective title remain with the borrower under the deed of trust and with Norwest Mortgage as the lender, the majority merely looks at the facade of Norwest Mortgage’s TOP program without considering its substance. Except for a statement of how the charge for the TOP contract is computed as to each borrower and a description of the “Title Condition Report” (noting the disavowal…