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Bluehaven Funding, LLC v. First American Title Insurance Co.

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Submitted: January 12, 2010

Before MURPHY and BYE, Circuit Judges, and STROM,*fn1 District Judge.

Bluehaven Funding, LLC and Kanich Development, LLC (collectively, “appellants”) lost approximately $2.4 million in real estate loan proceeds as a result of doing business with Robert Hartmann d/b/a DHP Investments LLC (“Hartmann”) and Capital Title Company (“Capital Title”). In an effort to recover the losses, appellants filed this lawsuit against First American Title Insurance Company (“First American”), alleging First American was vicariously liable for Capital Title’s actions due to an agency relationship that existed between the parties, and First American was directly negligent for failing to monitor Capital Title’s business. The district court*fn2 granted summary judgment in favor of First American on all claims. We affirm.

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