FID. NAT. TITLE v. CENTERPOINT MECH. LIEN

Nos. 1 CA-CV 12-0721, 1 CA-CV12-0726.

357 P.3d 170 (2015)

238 Ariz. 135

FIDELITY NATIONAL TITLE INSURANCE COMPANY, in its corporate capacity and as successor by merger to Lawyers Title Insurance Corporation and Commonwealth Land Title Insurance Company, Plaintiff/Appellant, v. CENTERPOINT MECHANIC LIEN CLAIMS, LLC, an Arizona limited liability company, Defendant/Appellee. ML Manager, LLC; as manager of Centerpoint I Loan, LLC; and Centerpoint II Loan, LLC; and as authorized agent for Robert L. Barnes, a single man; Harold Christ, Ltd., an Arizona corporation; Charles Goldstein, M.D., Trustee of Charles Goldstein Emergency Services, PC Section 401(k) Profit Sharing Plan and Trust Agreement effective December 10, 2007; Penny Hardaway Investments, LLC, an Arizona limited liability company; Morris A. Kaplan, Trustee of the Goldman and Kaplan Ltd., Defined Benefit Plan under agreement dated December 31, 2001; G. Grant Lyon, Trustee for Radical Bunny, LLC, an Arizona limited liability company; Sarah A. Lisa-Petrauschke and Brian M. Petrauschke, husband and wife; Lorinda S. McMullen and Laura Martini, as joint tenants with right of survivorship; and Frederick A. Taunton and Dale C. Taunton, Trustees of the Taunton Family Trust dated January 18, 2007, Defendants/Appellees/Cross-Appellants, and Centerpoint Mechanics Lien Claims LLC, Intervenor/Appellee/Cross-Appellant. and Universal-SCP 1 LP; and VRCP Funding, LP, Defendants/Appellees. v. Fidelity National Title Insurance Company, Intervenor/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 1.

August 27, 2015.


Attorney(s) appearing for the Case

Jones Skelton & Hochuli, PLC By Lori L. Voepel , Robert R. Berk , Jennifer B. Anderson , Phoenix, for Fidelity National Title Insurance Company and Commonwealth Land Title Insurance Company.

Perkins Coie, LLP By Richard M. Lorenzen , Philip R. Higdon , Rusty D. Crandell , Phoenix, for Centerpoint Mechanic Lien Claims, LLC.

Moyes Sellers & Hendricks By Keith L. Hendricks , Joshua T. Greer , Phoenix, for ML Manager, LLC, et al.

Tiffany & Bosco, PA By J. Lawrence McCormley , Phoenix, for Universal — SCP 1 LP and VRCP Funding, LP.

Haralson Miller Pitt Feldman & McAnally, PLC, Tucson By Stanley G. Feldman , Noel Fidel Attorney at Law By Noel Fidel , Phoenix, Co-counsel for Amicus Curiae American Land Title Association.

Presiding Judge KENT E. CATTANI delivered the opinion of the Court, in which Judge MARGARET H. DOWNIE and Judge MICHAEL J. BROWN joined.


OPINION

¶ 1 In this case, we address whether a title insurance company is liable under United Services Automobile Ass'n v. Morris, 154 Ariz. 113, 741 P.2d 246 (1987), for damages agreed to by its insureds in a settlement agreement resolving...

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