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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.

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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.

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