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Nationwide Life Ins. v. Commonwealth Land Title Ins.

Citations: 579 F.3d 304; 2009 U.S. App. LEXIS 19459; 2009 WL 2710189Docket: 06-2890

Court: Court of Appeals for the Third Circuit; August 31, 2009; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by an insurance policyholder, Nationwide Life Insurance Company, against Commonwealth Land Title Insurance Company regarding coverage exclusions under a title insurance policy. The issue arose when Nationwide sought compensation for losses due to a land title restriction that blocked a property sale. The District Court originally dismissed Nationwide's claim, asserting that the losses were expressly excepted from coverage in the policy's schedule of exceptions. Nationwide argued that the insurer failed to specifically list the restrictions themselves, as required by the ALTA 9 Endorsement. The appellate court, applying de novo review, reversed this decision, emphasizing that insurers must explicitly identify restrictions to exclude them from coverage. The court underscored that the purpose of title insurance is to provide clarity and protection without imposing extensive due diligence on policyholders. The ruling was based on an interpretation of the ALTA standard-form policy, highlighting that industry practices necessitate clear exceptions in insurance schedules. Consequently, the case was remanded for further proceedings to address the unresolved claims of Nationwide.

Legal Issues Addressed

Application of ALTA 9 Endorsement

Application: The ALTA 9 Endorsement covers losses from rights of first refusal unless they are explicitly noted in the exceptions schedule.

Reasoning: Nationwide provided a loan to PMI secured by the property and acquired a title insurance policy with an ALTA 9 Endorsement, which covers losses from rights of first refusal unless expressly excepted.

Burden of Due Diligence

Application: The court emphasized that title insurance is meant to relieve investors from conducting extensive due diligence on title restrictions.

Reasoning: It concluded that Commonwealth was responsible for identifying the restrictions and must have listed them as exceptions to avoid liability.

De Novo Review of Insurance Policy Interpretation

Application: The interpretation of the insurance policy was treated as a legal question, reviewed comprehensively under de novo standard.

Reasoning: The interpretation of the insurance policy was treated as a legal question, reviewed comprehensively.

Interpretation of ALTA Standard-Form Policy

Application: The appellate court concludes that an insurer must list the specific restrictions themselves, rather than just the document containing them, to exclude coverage.

Reasoning: The District Court ruled that Commonwealth had 'expressly excepted' these losses from coverage by listing the relevant document in the policy's schedule of exceptions. However, the Court of Appeals interprets the ALTA standard-form policy and concludes that an insurer must list the specific restrictions themselves, rather than just the document containing them, to exclude coverage.

Schedule B Exception Requirement

Application: Insurers must explicitly distinguish between exceptions to coverage and those that are 'expressly excepted' from all coverage in Schedule B.

Reasoning: The appellate court concurred, stating that the policy and industry practice indicate that ALTA 9 Endorsement covers such losses unless explicitly noted in an exception schedule.