American Title Insurance v. Carter

THOMPSON, Judge.

American Title Insurance appeals a judgment ruling that it is responsible for attorney’s fees incurred by Robert and Elizabeth Carter in defending a claim, by a neighboring property owner, that the Carters’ fence encroached on the neighbor’s land. We reverse.

This ease was before this court in American Title Insurance Co. v. Carter, 670 So.2d 1115 (Fla. 5th DCA 1996). There, the trial court ruled that American Title was obliged, under the terms of the policy it issued to the Carters, to provide the Carters a defense against the neighbor’s claim. We held that the claim was not…