Orlando Millenia, LC v. United Title Servs. of Utah, Inc.
Annotate this CaseOrlando Millenia (Plaintiff), the lender on a multi-million dollar real estate transaction, filed this suit alleging that United Title Services of Utah, Inc. breached its fiduciary duty as an escrow agent in the property transaction. In addition, Plaintiff asserted claims for vicarious liability against Stewart Title Insurance Co. and First American Title Insurance Co. under Utah Code 31A-23a-407, a provision that Plaintiff viewed as imposing vicarious liability on Stewart and First American for United Title’s actions as escrow agent. The district court granted summary judgment in favor of Defendants. The Supreme Court reversed, holding (1) Plaintiff stated a claim for breach of fiduciary duty that survived Defendants’ motions for summary judgment; and (2) Plaintiff successfully stated a claim for vicarious liability under section 407.
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