American Savings and Loan Association v. Lawyers Title Insurance Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the lower court found that the lender knew the project might be underfunded
• quoting, inter alia, Brown v. St. Paul Title Ins. Co., 634 F.2d 1103, 1107–08 n.8 (8th Cir. 1980)
• rejecting LTIC’s contention that an insured created or suffered liens which arose because a project was underfunded and the insured knew of the risk of underfunding at the time of the loan
• defining “suffer” to include “to allow or permit (an act, etc.)”
• the term “suffered” is synonymous with “permit” and it implies knowledge of the encumbrance and the power to prevent the title insurance claim from arising
• “The term ‘created’ has generally been construed to require a conscious, deliberate and sometimes affirmative act intended to bring about the conflicting claim, in contrast to mere inadvertence or negligence.”

Source: CourtListener parenthetical corpus (CC0).