checks. (Id. at 41.) When Coleman asked Robinson about these checks, Robinson blamed it on his "closer" and her failure to deposit and issue checks in compliance with the timing requirements of the Good Funds Law. (Id. at 42.)
In April of 2001, Burrola returned to Robinson's office to do some follow up on his inventory. (Id. at 43.) Once again, Burrola noticed that Robinson had some bounced checks which she reported to Coleman. Within a few days, on or about April 17, 2001, Coleman went to Robinson's office and asked about the problem with his accounts. (Id. at 39.) Upon being confronted, Robinson admitted that he had misappropriated trust funds. (Id. at 40.)[9]
The Florida Fund Discovers the Robinson Fraud
On April 19, 2001 the Florida Fund's Claims Committee receivedinformation about a "new defalcation in Utah." (Pls.' Ex. 80, Claims Committee Minutes 4/19/01.) This new defalcation was the Robinson fraud. Believing it would face title insurance losses resulting from the fraud, the Florida Fund formed a team to investigate and resolve any title insurance claims.[10] The "team" included local Utah counsel, as well as Robert Cohen, an attorney from Miami, Florida who specializes in title insurance fraud and investigation. (Defs.' Mem. in Supp. S.J. at 11). The Florida Fund also hired Information Data Servicing ("IDS") to assist Cohen in the investigation. Finally, the Florida Fund sent in-house attorney and risk manager Mary Francis Meyers to Utah to assist ATGF in the Robinson investigation because ATGF did not have its own staff of claims attorneys. (Pls.' Ex. 12,