Estate of Marsh CA4/3

FACTS AND PROCEDURAL HISTORY

A. This Lawsuit Frances Marsh passed away in 2016. Months after her death, the estate was sued by various parties challenging its ownership of certain real property. The estate tendered the defense of this lawsuit to Marsh’s title insurer, Chicago Title. The estate eventually came to believe that Chicago Title had mishandled its title insurance claim. In particular, it was unsatisfied with the representation Chicago Title provided to defend the title challenge. So, in 2020, the estate filed this action against Chicago Title asserting claims for breach of contract, bad faith, unfair business practices, and declaratory relief. The estate amended its complaint several times. In September 2022, it filed a Doe amendment to the third amended complaint naming Fidelity Inc. as a defendant. Fidelity Inc. responded by filing the motion to quash. While the motion to quash was pending, the estate filed a fourth amended complaint against Chicago Title and Fidelity Inc. The fourth amended complaint asserted claims for bad faith and unfair business

3 practices against Fidelity Inc. and Chicago Title and breach of contract and declaratory relief claims against…