Banner Bank v. First American Title Insurance

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Defendant-Appellant and Cross-Appellee First American Title Insurance Co. appealed a district court’s orders granting summary judgment in favor of and attorneys’ fees to Plaintiff-Appellee and Cross-Appellant Banner Bank (“the Bank”). The district court held that First American had a duty to defend and indemnify its insured, the Bank, breached the implied covenant of good faith and fair dealing, and was responsible for attorneys’ fees in this case. This resulted in an award of damages ($675,000) plus attorneys’ fees in an underlying lawsuit ($159,288), and consequential damages of attorneys’ fees in this case ($130,411.50). The Bank cross-appealed in the event that the award of consequential damages was procedurally incorrect. The Tenth Circuit concluded First American did not breach its duty of good faith and fair dealing, so any award of damages arising from that implied term was improper. Because it was error to award attorneys’ fees, arguments whether the Bank should have been awarded fees under its renewed motion for attorneys’ fees or under Rule 54(d) were moot, and the Bank’s cross-appeal under Rule 60 should have been dismissed. Because the Court concluded there was no duty to defend or indemnify, nor a breach of the implied duty of good faith and fair dealing, the damages awards could not stand. On remand, the district court was ordered to vacate its orders and judgments to the contrary and enter judgment in favor of First American. View "Banner Bank v. First American Title Insurance" on Justia Law

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