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First Am. Title Ins. Co. v. DJ Mortg. LLC

Disputed issues of fact remained in the title insurance company's action seeking a declaration that claims filed under certain policies were excluded from coverage.

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After DJ Mortgage, LLC “DJ Mortgage” asserted claims under numerous title insurance policies issued by First American Title Insurance Company “First American”, First American filed a complaint seeking a declaration that DJ Mortgage’s claims were excluded from coverage under the policies. DJ Mortgage, which counterclaimed for breach of contract, bad faith, and attorney fees, filed a motion for partial summary judgment on the issue of First American’s liability under the policies. First American filed a cross-motion for summary judgment. The trial court entered an order granting DJ Mortgage’s motion for partial summary judgment and denying First American’s motion for summary judgment. First American appeals from this order. For the reasons set forth below, we affirm in part and reverse in part.

It is well established that “summary judgment is appropriate when the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.”1 A defendant may meet this burden when “the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.”2 If the moving party meets this burden, “the nonmoving party cannot rest on its pleadings, but must point to specific evidence giving rise to a triable issue.”3

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