Jose Jimenez and Feliberto Jimenez sued Chicago Title Insurance Company for failing to honor its agreement to insure the Jiminezes’ title to certain DeKalb County real property. Chicago Title did not answer the complaint but appeared to contest damages. After a bench trial, the trial court i awarded the Jimenezes $90,000 to account for their loss of title to .93 acres of real property Parcel 1, ii found no liability and no damages associated with the Jimenezes’ claim that they did not receive marketable title to an additional 2-acre tract of real property Parcel 2, and iii declined to award attorney fees or penalties. In Case No. A11A0252, the Jimenezes contend that the trial court erred in failing to award damages for the loss of Parcel 2 and in failing to award attorney fees and penalties for bad faith under OCGA § 33-4-6. In Case No. A11A0253, Chicago Title claims that the trial court erred in failing to grant its motions for involuntary dismissal and that the judgment is not supported the evidence. For the reasons set forth below, we find no merit in the claims of error asserted by either the Jimenezes or Chicago Title, and we affirm in both cases. The complaint shows the Jimenezes purchased certain DeKalb County real property in May 2006. At the closing, the Jimenezes paid for a title insurance policy to be issued by Chicago Title. The real property purportedly conveyed by the seller included Parcel 1, but Parcel 1 had been previously deeded by the seller to a third party, Richard Gullett. After the closing, Gullett pursued a successful action to quiet title to Parcel 1. The Jimenezes also thought they were buying Parcel 2, but Parcel 2 was erroneously omitted from the legal description drafted by the closing attorney.1 The Jimenezes incurred attorney fees in defending Gullett’s quiet title action and in seeking compensation under the title policy. Despite numerous requests, the Jimenezes never received the actual title insurance policy from Chicago Title. They alleged that Chicago Title failed to honor the claims submitted under the title insurance policy.
A11A0252
