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UNITED FIRE & CAS. CO. v. FIDELITY TITLE INS. CO.

Nos. 00-2595, 00-2596.

258 F.3d 714 (2001)

UNITED FIRE & CASUALTY COMPANY, Plaintiff-Appellee, v. FIDELITY TITLE INSURANCE COMPANY, Defendant, Lawyers Title Insurance Corporation, Defendant-Appellant. United Fire & Casualty Company, Plaintiff-Appellee, v. Fidelity Title Insurance Company, Defendant-Appellant, Lawyers Title Insurance Corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2001.

Rehearing Denied August 22, 2001.

Attorney(s) appearing for the Case

Paul L. Ratelle, argued, Minneapolis, MN, for appellant.

Richard F. Rosow, argued, Minneapolis, MN, for appellee.

Before: BYE, LAY, and JOHN R. GIBSON, Circuit Judges.

BYE, Circuit Judge.

This appeal raises a question of Minnesota law: whether a Notice of Adverse Claim, filed pursuant to Minn.Stat. § 508.70 against a registered Torrens property, should be considered a "defect in title" under the plain and ordinary meaning of that term. The district court1 held that a title insurance agent's knowledge of the Notice of Adverse Claim triggered an exclusion in his errors and omissions (E & O) policy...

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