1st Nat'l Bk. v. Stewart Title Guaranty

7 Citing cases

  1. Notaro Homes, Inc. v. Chicago Title Ins. Co.

    309 Ill. App. 3d 246 (Ill. App. Ct. 2002)   Cited 12 times
    Recognizing exception for title insurers

    The purpose of title insurance is to protect the transferee of real estate from the possibilities of loss through defects that may cloud the title. First National Bank v. Stewart Title Guaranty Co., 279 Ill. App.3d 188, 192 (1996). The title insurance policy insures against defects or clouds in the title to the land, not the land itself.

  2. Wade v. Stewart Title Guaranty Co.

    2017 Ill. App. 161765 (Ill. App. Ct. 2017)   Cited 28 times

    ¶ 79 "The purpose of title insurance is to protect a transferee of real estate from the possibilities of loss through defects that may cloud title." First National Bank of Northbrook, N.A. v. Stewart Title Guaranty Co. , 279 Ill.App.3d 188, 192, 215 Ill.Dec. 913, 664 N.E.2d 310 (1996). However, title insurance does not provide coverage of the loss of value to the land itself.

  3. Perry v. Fid. Nat'l Title Ins. Co.

    2015 Ill. App. 2d 150168 (Ill. App. Ct. 2015)   Cited 9 times

    ¶ 11 The purpose of title insurance is to protect a transferee of real estate from the possibilities of loss through defects that cloud title. First National Bank of Northbrook, N.A. v. Stewart Title Guaranty Co., 279 Ill. App. 3d 188, 192 (1996). The policy insures against defects in the title to the land, not the land itself.

  4. Shamrock Bank of Fla. v. First Am. Title Ins. Co.

    Case No. 13-cv-92-DRH-PMF (S.D. Ill. Mar. 28, 2014)   Cited 1 times

    Next, First American argues that as an assignee, Shamrock is subject to the same defenses First American would have against Meridian. As neither Meridian nor Shamrock relied on the Title Commitment or Title Policy when approving the Great River Loan and/or entering the Participation Agreement, First American argues it has no liability under the Title Policy to Shamrock. See First Nat'l. Bank of Northbrook, N.A. v. Stewart Title Guar. Co., 664 N.E.2d 310, 314 (Ill. App. 1996). In support, First American argues Tomer told Rench, president and CEO of Meridian, about the "Possibility of Reverter," and also that Winfield and Peggy Stillwell had "direct knowledge" of its existence.

  5. Rutkowski v. Fid. Nat'l Title Ins. Co.

    2021 Ill. App. 201022 (Ill. App. Ct. 2021)

    Markel International Insurance Co. v. Montgomery, 2020 IL App (1st) 191175, ¶ 37. Further, the" 'purpose of title insurance is to protect a transferee of real estate from the possibilities of loss through defects that may cloud title.'" Wade v. Stewart Title Guaranty Co., 2017 IL App (1st) 161765, ¶ 79 (quoting First National Bank of Northbrook, N.A. v. Stewart Title Guaranty Co., 279 Ill.App.3d 188, 192 (1996)). A "title insurance policy insures the title against defects, which may damage the insured's interest in the property."

  6. Sabatino v. First American Title Ins. Co.

    308 Ill. App. 3d 819 (Ill. App. Ct. 1999)   Cited 4 times
    Recognizing that the title insurance company had the right to elect alternative methods to resolve its claims as provided for in the terms of the policy

    Moreover, the purpose of title insurance is to protect a transfer of real estate from the possibilities of loss through defects that may cloud title. See, e.g., First National Bank of Northbrook, N.A. v. Stewart Title Guaranty Co., 279 Ill. App.3d 188, 192 (1996). In this case, Hershenhorn's claims are not made against plaintiffs because defendant failed to find an unrecorded easement.

  7. Oak Park Trust v. Intercounty Title Co.

    678 N.E.2d 723 (Ill. App. Ct. 1997)   Cited 11 times
    Stating that courts may not distort the language to create ambiguity and rewrite policy

    General principles of insurance contract interpretation provide that such contracts should receive a practical, reasonable, and fair construction consonant with the apparent object and intent of the parties, viewed in light of their purpose. First National Bank v. StewartTitle Guaranty Co., 279 Ill. App.3d 188, 193, 664 N.E.2d 310 (1996). As with any insurance policy, courts are not to distort the language of the title policy to create ambiguities in order to rewrite the policy.