The Appellate Group

Old Republic Nat. Title Ins. Co. v. Cap Fund 783 LLC

Old Republic Nat. Title Ins. Co. v. Cap Fund 783 LLC, 2026 UT App 37 (Oliver, J.)

CIVIL PROCEDURE/EVIDENCE

The Utah Court of Appeals held:

  • The district court erred in ruling that Defendant was immune from suit as an interpleader of funds where Plaintiff’s claims alleged wrongdoing beyond interpleading.
  • The district court erred in ruling that Plaintiff could not prove tortious interference where Defendant owed Plaintiff a duty as an escrow agent.
  • The district court erred in awarding attorney fees where court failed to consider whether action as a whole was brought in bad faith.

Read the full court opinion