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