Arnstein & Lehr LLP Scores Trial, Appellate Victories in Chicago Title Case
The national law firm of Arnstein & Lehr LLP solidifies its reputation for excellence in business and real estate litigation with an important victory for Chicago Title Insurance Company. Partner William T. “Toby” Eveland represented Chicago Title and its agent against a claim from a home buyer who learned, after completing her purchase, that the residence was included in a historical district with a landmark designation.
The plaintiff argued that the designation, which could limit her ability to quickly renovate the property, represented an encumbrance on the title and, therefore, that the title insurance company agent was required to have disclosed it and, further, the insurance company itself must cover any monetary damages suffered because of the landmark designation. As lead counsel, Mr. Eveland achieved victory for his clients at the trial and appellate levels, with the courts affirming his arguments that (1) the designation had been a matter of public record since 1982, (2) the title insurance policy at issue specifically does not cover landmark designations, and (3) title insurance exists to protect purchasers against encumbrances to title, not as a more general protection for the property or the purchase of the property.
“This is an important affirmation for the whole title insurance industry,” says Eveland. “It brings real clarity to the market: it’s important for real estate consumers to understand their own responsibility, as well as the value of the protection they purchase from quality providers like Chicago Title.”
Mr. Eveland recently was named to the 2016 Illinois Super Lawyers Rising Stars by Super Lawyers, a rating service that lists outstanding lawyers from more than 70 practice areas who have achieved a high degree of peer recognition and professional achievement. He has been included on this list every year since 2010.