Safeco Title Insurance v. Citizens & Southern National Bank

Sognier, Judge.

Safeco Title Insurance Company brought suit against O. C. Hubert for breach of warranty of title, seeking to recover from Hubert the $100,000 it had paid a third party (hereinafter “Fisher”) to clear the title of land purchased by Safeco’s insured from Hubert. Upon Hubert’s death, Citizens & Southern National Bank, as temporary administrator of his estate, was substituted as party defendant. The trial court granted the bank’s motion for summary judgment, and Safeco appealed to the Georgia Supreme Court which transferred the appeal to this court.

Appellant’s insured, Terrell Mill…