The Maryland Court of Special Appeals, in a February 2012 opinion in Columbia Town Center Title Company v. 100 Investment Limited Partnership, cited Mr. Davis’ article, More Than They Bargained For: Are Title Insurance Companies Liable in Tort for Undisclosed Title Defects?, 45 Cath. U.L. Rev. 71 (1995).

The Court ruled that a title insurance company’s liability under a policy is strictly contractual and that the insurer is not liable for tort damages as a result of the title defect.