Appellate court holds title insurers not subject to complete defense rule

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted November 22, 2022 11:22 AM

The 1st District Appellate Court recently held that, unlike most liability insurers, a title insurer that covers some but not all claims against an insured has no obligation to provide a defense for both the insured and uninsured claims. The case is Findlay v. Chicago Title Insurance Co., 2022 IL App (1st) 210889 (Sept. 29). The insurer, CTIC, was represented by the Meyer Law Group LLC of Chicago. The insureds, James Findlay and Susan Small (the Findlays), represented themselves pro se.The title dispute involved alleged …

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