Nevada Supreme Court

Deutsche Bank Nat'l Tr. v. Fid. Nat'l

October 12, 2023

Summary

The Nevada Supreme Court affirmed dismissal of Deutsche Bank's claims arising from the extinguishment of its deed of trust by an HOA superpriority assessment lien. It held that the lien arose when the assessments became due and unpaid, approximately seven years after the title-insurance policy, and that the policy endorsements did not cover the resulting loss because the loss was caused by the statutory lien scheme rather than the HOA's covenants. The court also upheld dismissal of the related bad-faith, duty-to-defend, unfair-claims-practices, and deceptive-trade-practices claims.