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Title insurer seeks declaration of duty
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Court Report
Wednesday, September 6, 2017
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After the assignee of a mortgage (and title insurance policy) began foreclosure proceedings on property in Florida, it discovered that the legal description of the mortgage contained errors. It informed the title insurer of the issues and ended up in a dispute with the property owners over the amount of property to be transferred back to the assignee. The title insurer paid the attorney’s fees incurred while defending the title, but disagreed with the assignee about paying additional damages. The title insurer filed suit seeking a declaration of its duty and the assignee filed a counterclaim for breach of contract and bad faith. Read on for more details.
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