Title Insurance Litigation

Duane Coleman has more than 30 years' experience working with title insurers. Duane handles everything from lien priority disputes to suits against title insurers for alleged vexatious refusal to pay. He understands the need for efficient and straightforward means of resolving the wide variety of title issues that arise, such as:

  • Prior liens;
  • Boundary disputes;
  • Legal description errors;
  • Vesting problems/missing interests;
  • Missed easements; and
  • Mechanic’s liens.

Case Studies

Lewis Rice Obtains Summary Judgment for Title Company

The Lewis Rice Real Estate Litigation team obtained another victory for one of the country’s largest title companies in St. Louis County. The team, including Duane L. Coleman and William R. Wurm, won a rarely granted full summary judgment order, ending a lawsuit against the title company. The lawsuit, in which the Insured sought coverage for years’ worth of litigation expenses relating to an allegedly encroaching fence, asserted claims for breach of contract, unjust enrichment, and vexatious refusal to pay. Working closely with the client’s in-house counsel, Duane and Will were able to devise a persuasive summary judgement strategy, simplifying the technical body of title insurance law. After a hard-fought oral argument, the St. Louis County Circuit Court granted the title insurer summary judgment on all three counts in a nine page order, which can be accessed below.