Rob Klein and Richard Jones were successful in affirming a summary judgment secured on behalf of an attorney who served as an escrow agent to a transaction between a home buyer and a home builder. The attorney was sued by a private lender who loaned money to the buyer to be used in the purchase a home, claiming he was a third-party beneficiary of the escrow agreement regarding alleged improperly distributed funds. The defense was able to demonstrate that the private lender was neither a party to the escrow agreement nor a party to the contract between the buyer and the builder and, as a result, the attorney did not owe any duties to the lender.
Joseph Lowe and Michael Shelley obtained judgment on the pleadings in favor of Evanston Insurance Company, in an action for breach of contract and declaratory relief filed in the U.S. District Court for the Southern District of Florida. Mssrs. Lowe and Shelley successfully argued that Evanston did not have a duty to defend its insured on the basis that the lawsuit against the insured was an interrelated prior act, and therefore excluded under the insurance policy. Evanston’s motion for judgment on the pleadings, and the order granting this motion, can be found here.