TEXAS CAPITAL BANK, N.A. v. FIRST AMERICAN TITLE INSURANCE CO.

Civil Action No. 3:09cv-661-H.

TEXAS CAPITAL BANK, N.A., et al., Plaintiffs, v. FIRST AMERICAN TITLE INSURANCE CO., Defendant.

United States District Court, W.D. Kentucky, Louisville Division.

February 9, 2012.


Attorney(s) appearing for the Case

O. Scott Barber, III , Stites & Harbison, PLLC, representing First American Title Insurance Co., (ThirdParty Plaintiff).

O. Scott Barber, III , Stites & Harbison, PLLC, representing First American Title Insurance Co., (Defendant).

Craig C. Dilger , Stoll Keenon Ogden PLLC, representing Certain Underwriters at Lloyd's London Who Are Members of Syndicate Nos. 4444, 2003 and 4000 Subscribing to Bond No. FA054730G002, Liberty Mutual Insurance Europe Limited trading as LIberty International Underwriters, Texas Capital Bank, N.A., (Plaintiffs).

Lea Pauley Goff , Stoll Keenon Ogden PLLC, representing Liberty Mutual Insurance Europe Limited trading as LIberty International Underwriters, Texas Capital Bank, N.A., Certain Underwriters at Lloyd's London Who Are Members of Syndicate Nos. 4444, 2003 and 4000 Subscribing to Bond No. FA054730G002, (Plaintiffs).

Matthew R. Lindblom , Stoll Keenon Ogden PLLC, representing Liberty Mutual Insurance Europe Limited trading as LIberty International Underwriters, Texas Capital Bank, N.A., Certain Underwriters at Lloyd's London Who Are Members of Syndicate Nos. 4444, 2003 and 4000 Subscribing to Bond No. FA054730G002, (Plaintiffs).

Brian H. Meldrum , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co., (ThirdParty Plaintiff).

Brian H. Meldrum , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co., (Defendant).

Richard A. Vance , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co. (ThirdParty Plaintiff).

Richard A. Vance , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co. (Defendant).

T. Morgan Ward, Jr. , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co., (ThirdParty Plaintiff).

T. Morgan Ward, Jr. , Stites & Harbison, PLLC — Louisville, representing First American Title Insurance Co. (Defendant).

Lee A. Webb , Stoll Keenon Ogden PLLC, representing Liberty Mutual Insurance Europe Limited trading as Liberty International Underwriters, Texas Capital Bank, N.A., Certain Underwriters at Lloyd's London Who Are Members of Syndicate Nos. 4444, 2003 and 4000 Subscribing to Bond No. FA054730G002, (Plaintiffs).


MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, District Judge.

Plaintiffs, Texas Capital Bank, N.A. and its insurers (collectively, "Texas Capital" or "Plaintiffs") have sued Defendant, First American Title Insurance Company ("First American"), for the loss of $1.9 million1 Texas Capital had wired to First American for the purpose of closing home mortgage loan transactions. Plaintiffs allege First American transferred those...

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