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Reinhart wins case concerning title industry; provides future precedence

Bridget Hubing

Reinhart Boerner Van Deuren Shareholder Bridget Hubing recently won a case that will have a major influence on the title industry.

Hubing successfully represented WFG National Title Insurance Co. in the Marinette County Circuit Court and before the Wisconsin Court of Appeals District III in a title case.

The Court of Appeals affirmed the trial court’s finding that WFG did not owe a duty to defend or indemnify its insured, which could have cost a substantial amount of money given the number of parties, the types of claims and the complexity of the legal issues. More importantly, the decision addresses title insurance policy matters that have never been adjudicated in Wisconsin.

Hubing cited her fellow Reinhart shareholder Bush Nielsen’s book – Title & Escrow Claims Guide, a national treatise on the law of title insurance policies, real estate closing agents and escrows – and case law from many other states because there are no cases in Wisconsin directly on point for many of these issues.

In this case, the appellate court analyzed the duties and obligations of an insurer under the title insurance policy, including the property insured in Schedule A and the specific exceptions found in Schedule B. The appellate decision, which is recommended for publication, will provide precedence for future cases regarding title insurance policy coverage in Wisconsin.

Fellow Reinhart Shareholder Malinda Eskra assisted Hubing in the appeal.


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