Raffone et al v. First American Title Ins. Co.

Year: 2015
Court: Court of Appeal, First District
Case Number: 1D14-4791/2004-CA-78

Florida law imposes a non-delegable duty on title insurers to charge a lower reissue rate when a property is refinanced with clear title. UP argued in it’s brief that title insurers are sophisticated data collectors who can and should be able to locate prior owner’s policies and determine whether a current homeowner is entitled to a lower rate. This duty is non-delegable and necessarily falls upon the insurer, who is in a much better position to discharge this duty than the policyholder.

Adrian Neiman Arkin, Esq. and Timothy Crutchfield, Esq., of Mintz Truppman. Of counsel: Executive Director Amy Bach, Esq. and Staff Attorney Dan Wade, Esq.

 


The information presented in this publication is for general informational purposes and is not a substitute for legal advice. If you have a specific legal issue or problem, United Policyholders recommends that you consult with an attorney. Guidance on hiring professional help can be found in the “Find Help” section of www.uphelp.org. United Policyholders does not sell insurance or certify, endorse or warrant any of the insurance products, vendors, or professionals identified on our website.

Source: https://uphelp.org/amicus-briefs/raffone-et-al-v-first-american-title-ins-co/
Date: July 22, 2024