Insurance Title Reconsideration

Where a defendant insurance company has moved for reconsideration after its motion for summary judgment was denied in a suit over title insurance, the motion should be allowed because the summary judgment ruling was based on an erroneous finding regarding the plaintiff’s real estate development rights.

“Chicago Title Insurance Company has moved the Court to reconsider a part of its order finding that it was not entitled to summary judgment in part because there were genuine issues of material fact as to title insurance coverage for claims of loss to the South and West Units.

“In its previous Oder, the Court found that when IDC Properties ‘lost title to South and West United, [it] also lost its right to construct improvements on those pieces of property more specifically, residential properties.’ In making this conclusion, however, the Court did not consider the Rhode Island Supreme Court’s earlier determination that IDC Properties could not build houses on the units as improvements.

“.. The Court therefore grants in total Defendant Chicago Title’s Motion for Summary Judgment. ”

IDC Properties, Inc. v. Chicago Title Insurance Company (Lawyers Weekly No. 52-101-21) (3 pages) (McConnell, C.J.) (C.A. No. 09-632-JJM-PAS) (Sept. 7, 2021).

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