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NJ LAWYERS' FUND v. STEWART TITLE

DOCKET NO. A-2622-07T1.

975 A.2d 1016 (2009)

409 N.J. Super. 28

NEW JERSEY LAWYERS' FUND FOR CLIENT PROTECTION, Plaintiff-Appellant, v. STEWART TITLE GUARANTY CO., Defendant-Respondent, and Atlantic Title Agency, Inc., and Richard Pizzi, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 4, 2009.

Attorney(s) appearing for the Case

Daniel R. Hendi, Deputy Director, argued the cause for appellant.

Jamiee Katz Sussner, argued the cause for respondent (Herrick Feinstein, attorneys, Newark; Ms. Sussner and Rachel C. Engelstein, on the brief).

Lomurro, Davison, Eastman & Munoz, Freehold, for amicus curiae New Jersey Land Title Association (Michael J. Fasano, on the brief).

Before Judges WINKELSTEIN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we are required to determine whether a title insurance company is liable to its insureds for the defalcation of the closing attorney, because the carrier's written notice disclaiming any agency relationship between the attorney and the carrier was sent only to the attorney, and not to the insureds. Independent of the efficacy of the disclaimer notice, the trial court found that the title...

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