Webbe v. McGhie Land Title Co.

McWILLIAMS, Circuit Judge.

The trial court entered summary judgment in the amount of $400,000 in favor of the plaintiff and against the defendant insurer on a policy of title insurance. At the same time the trial court also entered summary judgment dismissing the defendant’s third party complaint and entered judgment quieting title to certain real property in the third party defendant. The insurer appeals both judgments thus entered against it. We reverse.

On appeal the main issue is whether on the basis of the record then before it the trial court was justified in concluding by way of summary…