Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Crawford v. Lawyers Title Ins. Corp.

The trial court erred in granting summary judgment to the title insurance company on the plaintiff's claim for reimbursement as a result of the fact that an easement unknown to her encumbered certain real estate, which she purchased in Meriwether county, since the record did not contain a complete and authenticated copy of the policy at issue or the insuring clause itself.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The trial court granted summary judgment in favor of Lawyers Title Insurance Corporation on Linda O. Crawford’s claim for reimbursement under the policy as a result of the fact that the property she purchased was encumbered with an easement. Crawford appeals. The undisputed facts show that Crawford purchased approximately 68 acres of land in Meriwether County on November 1, 2005. Crawford brought suit against Lawyers Title on May 18, 2007, alleging that Lawyers Title issued title insurance for the property but that Lawyers Title failed to disclose the existence of an easement affecting the property, which easement was of record in the county records. Therefore, Crawford asserts, the trial court erred by concluding that Lawyers Title properly denied coverage of the claim pursuant to a policy exclusion for recorded easements.

There is, in essence, no other proper evidence in the record. Although the pertinent exclusion is in the record, the title policy itself is obviously incomplete. The purported three-page policy includes only two “schedules” —Schedule A and B. Yet on the first page of Schedule A it is stated that “This Policy is invalid unless cover sheet and Schedule B are attached.” No such cover sheet is in the record. Furthermore, the purported policy does not contain an insuring clause, boilerplate, nor anything resembling terms and conditions. See, e.g., Youngblood v. Lawyers Title Ins. Corp. , 923 F.2d 161, 164, n. 5 11th Cir. 1991 insuring clause of a Lawyers Title policy. Moreover, the document is not properly authenticated.1 The same is true of most of the rest of the purported evidence.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs