BLUEHAVEN FUNDING v. FIRST AMERICAN TITLE INS.

No. 09-2383.

594 F.3d 1055 (2010)

BLUEHAVEN FUNDING, LLC, a Missouri Limited Liability Company; Kanich Development, LLC, a Missouri Limited Liability Company, Plaintiffs-Appellants, v. FIRST AMERICAN TITLE INSURANCE COMPANY, a California Corporation Authorized to do Business in the State of Missouri, Defendant-Appellee, Capital Title Company, Inc., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 18, 2010.


Attorney(s) appearing for the Case

Kathi Lynne Chestnut, argued, Kevin F. Hormuth, on the brief, St. Louis, MO, for appellant.

Mark G. Arnold, argued, David D. Crane, on the brief, St. Louis, MO, for appellee.

Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.


STROM, District Judge.

Bluehaven Funding, LLC and Kanich Development, LLC (collectively, "appellants") lost approximately $2.4 million in real estate loan proceeds as a result of doing business with Robert Hartmann d/b/a DHP Investments LLC ("Hartmann") and Capital Title Company ("Capital Title"). In an effort to recover the losses, appellants filed this lawsuit against First American Title Insurance Company ("First American"), alleging First American was vicariously...

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