Legal Opinion
Kirwan v. Chicago Title Insurance
Nebraska Court of Appeals
Decided June 20, 2000No. A-99-498PublishedCited by 5 opinions
1Opinion of the Court
Sievers, Judge.
Gerald R. Kirwan, Jr., and Leona Kirwan (the Kirwans) brought this action against their title insurer, Chicago Title Insurance Company (Chicago Title), to recover attorney fees they incurred in successfully defending a suit involving the insured property, which is in South Dakota. Each party moved for summary judgment. The Holt County District Court granted Chicago Title’s motion for summary judgment, finding that the Kirwans learned of the adverse claim to their property after the title insurance commitment was issued but before the policy was issued and that because the…
2Cases cited36 opinions
- Vogt v. SchroederWisconsin Supreme Court · 1986
- City of Fort Pierre v. United Fire & Casualty Co.South Dakota Supreme Court · 1990
- Hawkeye-Security Insurance Co. v. Clifford Ex Rel. CliffordSouth Dakota Supreme Court · 1985
- St. Paul Fire & Marine Insurance Co. v. SchillingSouth Dakota Supreme Court · 1994
- State Farm Mutual Automobile Insurance Co. v. WertzSouth Dakota Supreme Court · 1995
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3Cited by5 opinions
- Modern Equipment Company, a Nebraska Corporation v. Continental Western Insurance Company, Inc., an Iowa CorporationCourt of Appeals for the Eighth Circuit · 2004
- American Driver Service, Inc. v. Truck Insurance ExchangeNebraska Court of Appeals · 2001
- Kirwan v. Chicago Title InsuranceNebraska Supreme Court · 2001
- Geesey v. First American Title Insurance CompanyDistrict Court, D. Massachusetts · 2025
- Modern Equipment Co. v. Continental WesternCourt of Appeals for the Eighth Circuit · 2004