Legal Opinion

Hornstein v. Guarantee Insurance Co.

District Court of Appeal of Florida

Decided May 28, 1985No. 84-2044PublishedCited by 2 opinions

1Opinion of the Court

NESBITT, Judge.

Michael Hornstein (Seller) appeals a summary judgment entered in favor of Guarantee Insurance Company (Guarantee). We affirm.

The Seller conveyed to a purchaser (Buyer) certain real property under a warranty deed. The deed warranted that the property was free from all encumbrances. The attorney who conducted the title search of the property and prepared the abstract for the Buyer failed to discover two outstanding federal tax liens on the property. The attorney was insured under a professional liability policy issued by Guarantee. In order to remove the tax liens and extinguish…

2Cases cited3 opinions

  1. Zurich General Accident & Liability Insurance v. KleinSuperior Court of Pennsylvania · 1956
  2. Lawyers' Title Guaranty Fund v. SandersSupreme Court of Oklahoma · 1977
  3. American Title Ins. Co. v. CoakleyDistrict Court of Appeal of Florida · 1982

3Cited by2 opinions

  1. In re Amla Litig.District Court, S.D. Illinois · 2017
  2. Insurance Co. of North America v. Quality Commercial Group, Inc.District Court of Appeal of Florida · 1997

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