Casero et al v. Chicago Title Insurance Company et al

Filing 10

MEMORANDUM Signed by Judge J. Frederick Motz on 8/30/2017. (cags, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

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ROBERT A. CASERO, JR., ET AL.

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v.
CHICAGO TITLE INSURANCE CO, ET AL.

Civil No. - JFM-17-2l65

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MEMORANDUM

Plaintiff asserts in this action that Chicago Title Insurance Company and its successor,
Fidelity National Title Group, Inc., had a duty to defend them in an action instituted against them
by John S. McNulty and Carolyn A. McNulty in the United States District Court for the District
of Maryland. Defendants have filed a motion to dismiss. The motion will be granted.
It is clear that the suit instituted by the McNultys was not an attack upon the land covered
by Chicago Title's insurance policy. Rather, the McNultys' action was based upon the allegation
that the sellers claimed that they owned land more extensive than that covered by the policy.
Indeed, the McNultys alleged in their action that the land covered by the policy was properly
defined. Accordingly, defendants had no duty to defend the action instituted by the McNultys.
A separate order dismissing the complaint is being entered herewith.

Date:

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