Smeaton v. Fidelity National Title

Opinion

NICHOLSON, J.

Tony Smeaton appeals from a judgment following a bench trial in favor of defendant Fidelity National Title in this lawsuit founded upon a title insurance policy. The court found the statute of limitations barred any recovery. On appeal, Smeaton contends the limitations period for claims founded upon a title insurance policy cannot begin to run until the policy is issued. We agree and reverse the judgment.

Factual and Procedural Background

Smeaton retained Fidelity to handle the escrow and title insurance in connection with his purchase of approximately 693 acres of real…