BANNER BANK v. FIRST AMERICAN TITLE INS. CO.

Nos. 17-4098, 17-4112, 18-4035 & 18-4037.

916 F.3d 1323 (2019)

BANNER BANK, a Washington Banking Corporation, Plaintiff-Appellee/Cross-Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, a California Corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed February 26, 2019.


Attorney(s) appearing for the Case

Scott E. Gizer ( Sophia S. Lau , of Early Sullivan Wright Gizer & McRae LLP; Los Angeles, California, and Sara E. Bouley of Action Law LLC, Salt Lake City, Utah, with him on the briefs), Early Sullivan Wright Gizer & McRae LLP; Los Angeles, California, for Defendant-Appellant/Cross-Appellee.

Troy L. Booher , ( Michael D. Zimmerman , Freyja R. Johnson and Dick J. Baldwin of Zimmerman, Booher, with him on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee/Cross-Appellant.

Before PHILLIPS, KELLY, and CARSON, Circuit Judges.


Defendant-Appellant and Cross-Appellee First American Title Insurance Co. appeals from the district court's orders granting summary judgment in favor of and attorneys' fees to Plaintiff-Appellee and Cross-Appellant Banner Bank ("the Bank"1). The district court held that First American had a duty...

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