United States Eighth Circuit

In an action by real estate investors against a title insurance company claiming it was vicariously liable for fraud by another insurer with which defendant had an agency relationship, summary judgment for defendant is affirmed where: 1) the insurer responsible for the fraud lacked the authority to provide escrow and closing services as defendant's agent; and 2) defendant had no duty under the agency agreement to monitor the insurer's conduct.

Appellate Information

• Decided 02/18/2010
• Published 02/18/2010

Judges

• STROM, District Judge., Before MURPHY and BYE, Circuit Judges, and STROM,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kathi Lynne Chestnut, argued, St. Louis, MO (Kevin F. Hormuth, on the brief), for Appellant.


• For Appellees:
  
• Mark G. Arnold, argued, St. Louis, MO (David D. Crane, on the brief), for Appellee.