Legal Opinion

United Fire & Casualty Co. v. Fidelity Title Insurance

Court of Appeals for the Eighth Circuit

Decided July 16, 2001No. 00-2595, 00-2596PublishedCited by 1 opinion

1Opinion of the Court

BYE, Circuit Judge.

This appeal raises a question of Minnesota law: whether a Notice of Adverse Claim, filed pursuant to Minn.Stat. § 508.70 against a registered Torrens property, should be considered a “defect in title” under the plain and ordinary meaning of that term. The district court 1 held that a title insurance agent’s knowledge of the Notice of Adverse Claim triggered an exclusion in his errors and omissions (E & 0) policy which precluded coverage for a claim brought against the agent by a title insurer. We affirm.

BACKGROUND

A 45-acre hobby farm in Hennepin County, Minnesota, is the…

2Cases cited12 opinions

  1. Smith v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1984
  2. Jostens, Inc. v. Northfield Insurance Co.Court of Appeals of Minnesota · 1995
  3. Noran Neurological Clinic, P.A. v. The Travelers Indemnity CompanyCourt of Appeals for the Eighth Circuit · 2000
  4. Fingerhut Corp. v. Suburban National BankCourt of Appeals of Minnesota · 1990
  5. Billigmeier v. County of HennepinSupreme Court of Minnesota · 1988

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3Cited by1 opinion

  1. United Fire & Casualty Company v. Fidelity Title Insurance Company, Lawyers Title Insurance Corporation, United Fire & Casualty Company v. Fidelity Title Insurance Company, Lawyers Title Insurance CorporationCourt of Appeals for the Eighth Circuit · 2001

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