Butera v. Attorneys' Title Guaranty Fund, Inc.

Joseph Butera and Paul Butera (the Buteras) filed an action for declaratory judgment, seeking a binding declaration that the Buteras were “insureds” under the title insurance policy issued by the Attorneys’ Title Guaranty Fund, Inc. (ATG), and to hold ATG liable for the back property taxes on the property at issue. On cross-motions for summary judgment, the circuit court granted judgment in favor of ATG.

On appeal, the Buteras raise two issues: (1) whether the Buteras, as beneficiaries of a land trust that is covered by an owner title insurance policy naming the trustee of the trust as the…