Legal Opinion

Personal Finance Co. v. Commonwealth Land Title Insurance Co.

District Court of Appeal of Florida

Decided August 14, 1996No. 95-2348Published

1Opinion of the Court

SCHWARTZ, Chief Judge.

After a bench trial, the lower court entered judgment for the defendant earner in an action on a “loan policy of title insurance.” We reverse with directions to enter judgment for the plaintiff instead.

In our opinion, the evidence established without contradiction (a) that the plaintiff sustained a covered loss by having unknowingly lent and lost funds on a forged mortgage, see Lloyd v. Chicago Title Ins. Co., 576 So.2d 310 (Fla. 3d DCA 1990) (b) that as the “owner of the indebtedness,” the plaintiff was an insured as defined by the policy, notwithstanding that the…

2Cases cited10 opinions

  1. Tiedtke v. Fidelity & Casualty Company of New YorkSupreme Court of Florida · 1969
  2. Ramos v. Northwestern Mutual Insurance Co.Supreme Court of Florida · 1976
  3. Hartford Accident and Indemnity Co. v. PhelpsDistrict Court of Appeal of Florida · 1974
  4. Shada v. Title & Trust Co. of Fla.District Court of Appeal of Florida · 1984
  5. Endruschat v. American Title Ins. Co.District Court of Appeal of Florida · 1979

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