JUDICIAL DEVELOPMENTS

February 2008

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Late Notice to Title Insurer of Wetlands Settlement Does Not Destroy Coverage Claim
New Jersey Department of Environmental Protection v. DiFlorio, et al.

The court was faced with the scenario where a purchaser of land, who retained a title search company which failed to discover and report to the purchaser, designation by a state agency that the land was in violation of state wetlands law. The title company bound a third party title insurer to a policy in favor of the purchaser. The title search company settled the claim with the purchase—however the title insurer argued it was prejudiced by late notice of this settlement and sought denial of policy coverage.