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TITLE INDUSTRY ASSURANCE v. FIRST AMERICAN TITLE

No. 15-3310.

853 F.3d 876 (2017)

TITLE INDUSTRY ASSURANCE COMPANY, R.R.G., Plaintiff-Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 2017.

Attorney(s) appearing for the Case

Tyler Steven Mertes , Attorney, Troutman Sanders , Chicago, IL, Sean M. Hanifin , Attorney, Jeffrey John Ward , Attorney, Loss, Judge & Ward, LLP, Washington, DC, for Plaintiff-Appellant.

Ronald A. Damashek , Attorney, Melissa J. Lettiere , Attorney, Stahl Cowen Crowley & Addis, Chicago, IL, for Defendant-Appellee First American Title Insurance Company.

David Francis Wentzel , Attorney, Wentzel Law Offices, Chicago, IL, for Defendant-Appellee Coastal Funding LLC.

Before Easterbrook and Hamilton, Circuit Judges, and Pepper, District Judge.

This appeal illustrates a recurring issue for liability insurers and their insureds: how to determine whether the insurer owes a duty to defend its insured when a claim is first asserted against the insured, before the insurer knows the underlying facts. The insured here was Chicago...

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