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Attorney James Bruce Davis’ Article Cited in Recent Maryland Court of Special Appeals Opinion

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March 9, 2012

Arlington, VA — Bean, Kinney & Korman  announced today that attorney James Bruce Davis’ law review article was recently cited in a Maryland Court opinion.

The Maryland Court of Special Appeals, in a February 2012 opinion in Columbia Town Center Title Company v. 100 Investment Limited Partnership, cited Bruce’s article, "More Than They Bargained For: Are Title Insurance Companies Liable in Tort for Undisclosed Title Defects?", 45 Cath. U.L. Rev. 71 (1995). The court ruled that a title insurance company’s liability under a policy is strictly contractual and that the insurer is not liable for tort damages as a result of the title defect.

Bruce’s article discussed the history of title insurance and explained that courts had taken differing views on whether a title insurer could be held liable for negligence in failing to discover a title defect. He argued that the policy ought to govern the insurance company’s liability and that a negligence remedy would expose the company to a greater liability than the company had bargained for. The court’s opinion cited Bruce’s article five times.

Bruce represents title insurance companies and serves as appointed defense counsel in litigation involving real estate titles. His recent practice has focused on the problems created by the real estate downturn that began in 2008. In this regard, Bruce has assisted his title insurance clients in defending closing protection letter claims and in resolving insurance coverage disputes. Over the years, he has authored numerous articles on real estate title, title insurance and closing protection letters.