LUPU v. LOAN CITY, LLC

Nos. 17-1944 & 17-2024.

903 F.3d 382 (2018)

Adrian LUPU v. LOAN CITY, LLC; Ocwen Loan Servicing, LLC, Ocwen Loan Servicing, LLC, Third-Party Plaintiff v. Stewart Title Guaranty Company, Third-Party Defendant. Stewart Title Guaranty Company, Appellant (17-1944). Ocwen Loan Servicing, LLC, Appellant (17-2024).

United States Court of Appeals, Third Circuit.

Opinion filed: September 10, 2018.


Attorney(s) appearing for the Case

Michael P. Coughlin, Esquire (Argued), Kaplin Stewart Meloff Reiter & Stein, 910 Harvest Drive, P.O. Box 3037, Blue Bell, PA 19422, Counsel for Appellant, Stewart Title Guaranty Co.

Kassia Fialkoff, Esquire , Duane Morris LLP, 200 South Biscayne Boulevard, Suite 3400, Miami, FL 33312, Brett L. Messinger, Esquire (Argued), Brian J. Slipakoff, Esquire , Duane Morris, 30 South 17th Street, United Plaza, Philadelphia, PA 19103, Counsel for Appellee, Ocwen Loan Servicing LLC.

Joshua L. Thomas, Esquire , 225 Wilmington-West Chester Pike, Suite 220, Chadds Ford, PA 19317, Counsel for Appellee, Adrian Lupu.

Before: MCKEE, AMBRO, and RESTREPO, Circuit Judges.


OPINION

What is the duty of a real estate title insurer in Pennsylvania to defend the insured party (here the successor to a lender) against claims of the borrower/mortgagor? Its courts, we predict, would not apply the "in for one, in for all" rule (known also as the complete defense rule)1

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