161854P.pdf   02/28/2018  Captiva Lake Investments  v.  Fidelity National Title Ins.
   U.S. Court of Appeals Case No:  16-1854
                          and No:  16-1923
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Loken, Circuit Judge, and Rossiter, 
   District Judge] 
   Civil case - Insurance. Title Insurance Policy provision excluding 
   coverage for any losses or damages that arise by reason of liens created, 
   suffered or assumed or agreed to by the insured can apply under Missouri 
   law even if the insured did not engage in intentional misconduct or 
   inequitable dealings, and the district court erred when it required 
   Fidelity to show that Captiva's predecessor engaged in intentional 
   misconduct or inequitable dealings, and thus abused its discretion when it 
   excluded evidence regarding Fidelity's defense under the exclusion; 
   assuming, without deciding, that inchoate liens meets the policy's 
   definition of "unmarketability of title," Captiva failed to establish that 
   Fidelity breached its obligation to insure as of the Date of the Policy 
   against loss or damage sustained or incurred by the insured by reason of 
   unmarketability of title; Capitva cannot, therefore, show that it suffered 
   damages caused by Fidelity's failure to resolve liens that were inchoate 
   as of the date Fidelity increased the amount of coverage to account for a 
   second loan made by Captiva's predecessor, and which were later filed 
   against the project; Fidelity's actions in controlling the litigation 
   defending Captiva against the liens did not constitute tortious 
   interference with a business expectancy; in summary, the district court 
   properly granted Fidelity's motion for summary judgment as a matter of law 
   on the tortious interference claim and the jury's verdict for Captiva on 
   its claim Fidelity breached the Title Insurance Policy is reversed and 
   remanded.