Legal Opinion

Mississippi Valley Title Insurance Company v. J. Garrison Thompson

Court of Appeals for the Eleventh Circuit

Decided September 29, 2015No. 12-16188PublishedCited by 10 opinions

1Opinion of the Court

SCHLESINGER, District Judge:

On June 19, 2014, this Court — confronted by a question of first impression under Alabama law, and cognizant of the deference due state courts in our federalist system of dual sovereignty — certified the following question to the Alabama Supreme Court:

Is an attorney whom an insurance company hires as an attorney agent providing a “legal service” within the meaning of Ala.Code § 6-5-574 when he performs a title search, forms an unwritten opinion about the status of title, and then acts on that unwritten opinion by issuing a commitment to insure or an insurance…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Josendis v. Wall to Wall Residence Repairs, Inc.Court of Appeals for the Eleventh Circuit · 2011
  3. Centurion Air Cargo, Inc. v. United Parcel Service Co.Court of Appeals for the Eleventh Circuit · 2005
  4. Westinghouse Electric Corp. v. Kerr-McGee Corp.Court of Appeals for the Seventh Circuit · 1978
  5. Upton v. Mississippi Valley Title Ins. Co.Supreme Court of Alabama · 1985

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3Cited by10 opinions

  1. Ala. Teachers Credit Union v. Design Build Concepts, Inc.District Court, N.D. Alabama · 2018
  2. Arnold v. United States Pipe & Foundry Co.District Court, N.D. Alabama · 2017
  3. Madsen v. R&L Foods, LLCDistrict Court, N.D. Alabama · 2025
  4. Matthew T. Winther v. U.S. Steel CorporationCourt of Appeals for the Eleventh Circuit · 2021
  5. Mississippi Valley Title Insurance Company v. Pro Abstract Co., Inc. (CONSENT)District Court, M.D. Alabama · 2022

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