Firm Obtains Full Dismissal of Coverage and Bad-Faith Claim in Colorado
Lathrop & Gage attorney Thomas Leland (Business litigation - Denver) obtained a full dismissal with prejudice yesterday of a coverage and bad-faith claim brought against firm client Stewart Title Guarantee Company. The case involved a coverage dispute involving an exception in a mining patent from the 1880's.
In a comprehensive discussion of title insurance coverage for ancient mining claims, Judge Philip A. Brimmer of the United States District Court for the District of Colorado held that the plain language of the title insurance policy excluded coverage for loss or damage due to exceptions in mining patents which may not have been found in the title search of the property. The Court also dismissed with prejudice the Plaintiff's claims for bad-faith breach of an insurance contract, negligence, and violation of the Colorado Consumer Protection Act. The judge's order stated that the Plaintiff's "Complaint presents no allegation of or factual support for a public impact due to Stewart Title's alleged unfair trade practices."
Mr. Leland's practice is focused in the areas of Labor & Employment and Business Litigation. He has first chaired several jury and non-jury trials, hearings and administrative proceedings. His experience includes federal insurance litigation involving an explosion on a natural gas liquids pipeline in Kentucky and West Virginia; federal trademark litigation involving satellite television companies; AAA arbitration involving breach of a satellite transponder lease and programming agreement; state-court action against urban renewal authority involving contractual obligation to acquire property for redevelopment; federal age- and gender-discrimination litigation and related appeal; computer-fraud and breach-of-fiduciary-duty case against former employees of energy financial consulting firm; and title insurance litigation on behalf of a national title insurance company.
About Lathrop & Gage:
A leading Midwest full-service law firm, Lathrop & Gage LLP has approximately 300 attorneys in 11 offices nationwide – from Los Angeles to New York, New York. In 2009, Chambers USA ranked Lathrop & Gage’s corporate, environmental, intellectual property, litigation, real estate and labor and employment teams among the best in the Midwest. For more information, visit www.lathropgage.com.
